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Pa. monsignor due in court after leaving prison
Headline Legal News | 2014/01/06 11:57
A Roman Catholic church official is due in court Monday for the first time since his conviction in the priest sex-abuse scandal was reversed.

Monsignor William Lynn is not quite a free man. He must remain under electronic monitoring while prosecutors try to restore the conviction.

Lynn served 18 months in prison for felony child-endangerment. He was the first U.S. church official ever convicted over his handling of abuse complaints.

Lynn says he tried to protect children as secretary for clergy in Philadelphia from 1992 to 2004, but prosecutors say he sought only to protect the church.

The 63-year-old Lynn will appear in court to review terms of his release from prison last week.

A judge says he must live in Philadelphia and report weekly to probation.


Hearing: Which court should hear coastal lawsuit?
Headline Legal News | 2013/12/20 11:13
A legal tug-of-war continues in a state levee board's lawsuit against 97 oil, gas and pipeline companies over the erosion of wetlands.

The Southeast Louisiana Flood Protection Authority-East wants U.S. District Judge Nannette Jolivette Brown to send the case back to Orleans Parish Civil District Court, where the board filed it in July.

Attorneys for Chevron USA Inc. got the lawsuit moved to federal court in August, arguing that federal laws govern many of its claims.

Since then, lawyers have filed hundreds of pages of arguments and exhibits just on the question of which court should hear the case.

Brown scheduled arguments Wednesday.

The lawsuit says oil and gas canal and pipeline work has contributed to the erosion of wetlands that protect New Orleans when hurricanes move ashore. Corrosive saltwater from a network of oil and gas access and pipeline canals has killed plants that anchored the wetlands, letting waves sweep away hundreds of thousands of coastal land, it says.

Gov. Bobby Jindal has blasted the lawsuit as a windfall for trial lawyers and his coastal protection chief, Garret Graves, said the suit would undermine Louisiana's work with the industry to rebuild wetlands. An association of state levee districts voted to oppose the suit.

Since then, however, two coastal parishes heavily dependent on the industry have filed lawsuits of their own raising similar issues.

Earlier this month, the Louisiana Oil and Gas Association sued the state's attorney general, accusing him of illegally approving the Southeast Louisiana board's contract with lawyers who filed its lawsuit.

The association contends that Buddy Caldwell had no authority to approve the contract and that the suit will have "a chilling effect on the exploration, production, development and transportation" of Louisiana's oil and gas.


Supreme Court Will Take up New Health Law Dispute
Headline Legal News | 2013/11/29 10:45
The Supreme Court agreed Tuesday to referee another dispute over President Barack Obama's health care law, whether businesses can use religious objections to escape a requirement to cover birth control for employees.

The justices said they will take up an issue that has divided the lower courts in the face of roughly 40 lawsuits from for-profit companies asking to be spared from having to cover some or all forms of contraception.

The court will consider two cases. One involves Hobby Lobby Inc., an Oklahoma City-based arts and crafts chain with 13,000 full-time employees. Hobby Lobby won in the lower courts.

The other case is an appeal from Conestoga Wood Specialties Corp., a Pennsylvania company that employs 950 people in making wood cabinets. Lower courts rejected the company's claims.

The court said the cases will be combined for arguments, probably in late March. A decision should come by late June.

The cases center on a provision of the health care law that requires most employers that offer health insurance to their workers to provide a range of preventive health benefits, including contraception.

In both instances, the Christian families that own the companies say that insuring some forms of contraception violates their religious beliefs.

The key issue is whether profit-making corporations can assert religious beliefs under the 1993 Religious Freedom Restoration Act or the First Amendment provision guaranteeing Americans the right to believe and worship as they choose. Nearly four years ago, the justices expanded the concept of corporate "personhood," saying in the Citizens United case that corporations have the right to participate in the political process the same way that individuals do.

"The government has no business forcing citizens to choose between making a living and living free," said David Cortman of the Alliance Defending Freedom, the Christian public interest law firm that is representing Conestoga Wood at the Supreme Court.



Czech fugitive appears in South African court
Headline Legal News | 2013/11/25 15:47
A South African court has ordered that a Czech fugitive arrested on charges of attempted murder and kidnapping be transported to a hospital.

Lawyers for Radovan Krejcir say he could suffer kidney failure if he doesn't get medical attention. They have also accused police of abusing Krejcir; police deny the allegation.

Krejcir appeared briefly in a court on Monday. Eyewitness News, a South African media outlet, says his application for bail has been postponed to next week.

The suspect has been linked to underworld figures in Johannesburg and local media have reported the killings of several of his associates in recent weeks.

Krejcir was sentenced in his country last year to 11 years in jail for tax fraud.


Russian court: Greenpeace activist to stay in jail
Headline Legal News | 2013/11/18 16:45
A Russian judge refused Monday to free Australian Greenpeace activist Colin Russell, who was among 30 people arrested following a protest against oil drilling in the Arctic, signaling that others also could be kept in jail for three more months pending trial.

In a subsequent hearing, however, a judge agreed to free a Russian doctor who was on the Greenpeace ship when it was seized by the Russian coast guard on Sept. 18. Yekaterina Zaspa was released on bail of 2 million rubles ($61,500).

Investigators had asked St. Petersburg courts to extend the detention period of all 30. Hearings were scheduled Monday for seven of the group.

During similar hearings two months ago on whether to jail the defendants, the rulings were the same in all 30 cases, which made Monday's release of the Russian doctor unexpected.

The Russians arrested everyone on board the ship, including cooks and journalists documenting the protest, after a few of the environmental activists tried to scale an offshore drilling platform owned by Russian state energy giant Gazprom.


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