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Oil leasing dispute heads to federal court
Court News | 2013/05/24 09:10
Attorneys for the government and the oil industry will square off against environmental groups Friday in federal court in Montana in a dispute over greenhouse-gas emissions from oil and gas drilling.

The Montana Environmental Information Center and two other groups want U.S. District Judge Sam Haddon to cancel Bureau of Land Management oil and gas leases covering almost 80,000 acres in Montana.

They argue the agency did not fairly consider that greenhouse gas emissions from drilling activities could make climate change worse.

The BLM counters that the emissions from machinery and the venting of excess natural gas are insignificant.

Several industry groups have intervened in the case. They say the environmentalists behind the 2011 lawsuit cannot prove they suffered any specific harm from the lease sales.



Court strikes down Arizona 20-week abortion ban
Court News | 2013/05/23 10:53
A federal court in San Francisco Tuesday struck down Arizona's ban on abortions after 20 weeks of pregnancy.

The 9th U.S. Circuit Court of Appeals ruled that the law violates a string of U.S. Supreme Court rulings starting with Roe v. Wade that guarantees a woman's right to an abortion before a fetus is able to survive outside the womb. That's generally considered to be about 24 weeks. Normal pregnancies run about 40 weeks

Several states have enacted similar bans starting at 20 weeks. But the 9th Circuit's ruling is binding only in the nine Western states under the court's jurisdiction. Idaho is the only other state in the region covered by the 9th Circuit with a similar ban.

A trial judge had ruled that the ban could take effect. U.S. District Judge James Teilborg ruled it was constitutional, partly because of concerns about the health of women and possible pain for fetuses.

But abortion-rights groups appealed that decision, saying the 20-week ban would not give some women time to carefully decide whether to abort problem pregnancies.



IMF head Lagarde in court in fraud probe
Court News | 2013/05/22 10:54
International Monetary Fund chief Christine Lagarde is facing questions at a special Paris court Thursday over her role in the 400 million euro ($520 million) pay-off to a controversial businessman when she was France's finance minister.

The court hearing threatens to sully the reputations of both Lagarde and France. The payment was made to well-connected entrepreneur Bernard Tapie as part of a private arbitration process to settle a dispute with state-owned bank Credit Lyonnais over the botched sale of Adidas in the 1990s. It is seen by many in France as an example of the cozy relationship between big money and big power in France.

Lagarde has earned praise for her negotiating skills as managing director of the IMF through Europe's debt crisis and is seen as a trailblazer for women leaders. Her decision to let the Adidas dispute go to private arbitration rather than be settled in the courts has drawn criticism, and French lawmakers asked magistrates to investigate.

Lagarde, smiling at reporters, left her Paris apartment Thursday morning and appeared at a special court that handles cases involving government ministers. She has denied wrongdoing.

At the time of the payment, Tapie was close to then-French President Nicolas Sarkozy, who was Lagarde's boss. Critics have said the deal was too generous to Tapie at the expense of the French state, and that the case shouldn't have gone to a private arbitration authority because it involved a state-owned bank.



High court poised to upend civil rights policies
Court News | 2013/04/02 14:08
Has the nation lived down its history of racism and should the law become colorblind?

Addressing two pivotal legal issues, one on affirmative action and a second on voting rights, a divided Supreme Court is poised to answer those questions.

In one case, the issue is whether race preferences in university admissions undermine equal opportunity more than they promote the benefits of racial diversity. Just this past week, justices signaled their interest in scrutinizing affirmative action very intensely, expanding their review as well to a Michigan law passed by voters that bars "preferential treatment" to students based on race. Separately in a second case, the court must decide whether race relations - in the South, particularly - have improved to the point that federal laws protecting minority voting rights are no longer warranted.

The questions are apt as the United States closes in on a demographic tipping point, when nonwhites will become a majority of the nation's population for the first time. That dramatic shift is expected to be reached within the next generation, and how the Supreme Court rules could go a long way in determining what civil rights and equality mean in an America long divided by race.

The court's five conservative justices seem ready to declare a new post-racial moment, pointing to increased levels of voter registration and turnout among blacks to show that the South has changed. Lower federal courts just in the past year had seen things differently, blunting voter ID laws and other election restrictions passed by GOP-controlled legislatures in South Carolina, Texas and Florida, which they saw as discriminatory.



Fee proposed for public court record access
Court News | 2013/03/19 09:06
A proposal by the state's judicial branch to charge $10 to view a public file at the Santa Rosa courthouse is being criticized by those who say it would limit access to public information.

A spokesman for the Judicial Council, the policymaking body of the courts, tells the Santa Rosa Press Democrat the search fee would generate $6 million annually.

But open government advocates and some journalists say it will create an unfair financial barrier to public documents.

The new search fee is among 11 recommendations from a panel of judges, lawyers and legislators that have been sent to Sacramento for inclusion in Gov. Jerry Brown's budget.

The newspaper says the proposals are expected to raise $30 million statewide.


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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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