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Appeals court: Judge has no place in school grades
Court News |
2014/06/03 13:40
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Judges should stay out of school districts' decisions about how to calculate South Carolina students' grades, an appellate court ruled on Friday.
According to a three-judge panel of the state Court of Appeals, a trial judge should have dismissed a student's lawsuit challenging district officials' recalculation of his grade.
When a student transferred to a Greenville County school from out of state, district officials in 2012 calculated his grade-point average and ranked him first in his class for his junior year.
But another student's parents challenged that ranking, saying that the new student's grade-point average was getting the benefit of extra weight given by both schools to honors and advanced placement courses. The district recalculated the GPA, subsequently ranking the new student as sixth in his class.
The new student sued, saying the school district was wrong to recalculate his grades at all. A trial judge agreed and ordered the district to restore his No. 1 ranking.
In their ruling, the appellate judges said courts shouldn't interfere with districts' internal decisions if no obvious misdeeds have been committed. |
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Court rules for environmentalists in water fight
Court News |
2014/04/17 15:15
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An appeals court said Wednesday that federal officials should have consulted wildlife agencies about potential harm to a tiny, threatened fish before issuing contracts for water from the Sacramento-San Joaquin Delta.
An 11-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco ruled that the U.S. Bureau of Reclamation violated the Endangered Species Act when it failed to consult with the U.S. Fish and Wildlife Service or the National Marine Fisheries Service in renewing 41 contracts a decade ago. The appeals court sent the case back to a trial judge for further proceedings.
The ruling arises from one of several lawsuits filed by the Natural Resources Defense Council and other environmentalists seeking to protect the Delta smelt. The ruling won't affect water flows because protections for the smelt were kept in place during the lawsuit.
"This about how we are going to manage the water in the future," said Douglas Obegi, a lawyer with the Natural Resources Defense Council.
Water-rights holders and government lawyers argued that consultation wasn't necessary because the U.S. Bureau of Reclamation was required to renew the contracts and had no discretion over terms of the agreement that would control water levels in the Delta. |
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Court date reset in Vegas Strip bird death case
Court News |
2014/04/15 15:14
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A court appearance was postponed Monday in Nevada for a University of California, Berkeley, law school graduate completing prison boot camp for beheading an exotic bird during a drunken chase at a Las Vegas Strip resort.
Prosecutor Frank Coumou says Justin Alexander Teixeira's court date was rescheduled to May 5.
Teixeira is facing three to five years' probation before he can ask to have his felony conviction reduced to a misdemeanor.
Whether Teixeira is admitted to practice law in California could on depend on whether a felony remains on his record.
He pleaded guilty last May to killing another person's animal in the October 2012 death of a helmeted guineafowl at the Flamingo hotel-casino.
Two other Berkeley students entered pleas to reduced misdemeanor charges, paid fines and served community service. |
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Court: Unplayed Blagojevich tapes to stay sealed
Court News |
2014/03/14 15:32
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An appellate court in Chicago says transcripts of FBI wiretaps not played at Rod Blagojevich's corruption trials will remain sealed.
The 7th U.S. Court of Appeals is still mulling its decision on the imprisoned former Illinois governor's request to toss his convictions.
Appellate courts typically unseal documents submitted as part of an appeal. But prosecutors later asked that the transcripts submitted to the appeals court not entered into evidence at the trials remain under seal. Blagojevich's attorneys wanted them opened.
But in its order posted Tuesday, the court said that if it eventually agrees the trial judge erred by not admitting the unplayed wiretaps at trial, they will then be unsealed.
The court's expected to rule on the appeal soon.
Blagojevich is serving a 14-year sentence for multiple corruption convictions. |
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3 California men plead guilty in alleged pot grow
Court News |
2014/03/10 15:38
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Three Northern California men are each facing up to ten years in prison after pleading guilty to charges that they damaged federal conservation land while allegedly growing marijuana.
Prosecutors say Chou Vang, Vang Pao Yang and Pao Vang, all of Eureka, each entered their pleas in federal court in San Francisco on Tuesday to one count of willful injury to federal property.
The men were accused of clearing away trees and vegetation, using fertilizers, and failing to properly dispose of trash while growing pot in the summer of 2012 in the King Range National Conservation Area along California's Lost Coast. The area provides habitat for four federally-listed threatened species, including Chinook and Coho salmon.
As part of a plea deal, prosecutors say they dropped marijuana cultivation charges. The men are scheduled to be sentenced in July. |
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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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