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State high court assigns liability in liquor cases
Court Issues |
2014/02/28 21:50
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California's high court has ruled that hosts who charge admission to parties may be held legally responsible if a drunken underage guest is hurt or injures someone else.
The state Supreme Court said in the unanimous ruling Monday that a cover charge amounts to a sale of alcohol, and state law creates liability for those who sell alcohol to obviously intoxicated minors.
The case stems from a 2007 party organized by then-20-year-old Jessica Manosa at a rental home owned by her parents. Nineteen-year-old Andrew Ennabe died after being hit outside the home by a car driven by another man who had been asked to leave the gathering.
Ennabe's family sought to hold Manosa liable for his death, through her parents and their homeowners insurance.
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Arizona high court bars cuts to public pensions
Court Issues |
2014/02/24 22:24
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The Arizona Supreme Court ruled Thursday that the Legislature can't cut cost-of-living increases promised to judges and state elected officials.
The court unanimously upheld a Superior Court judge's ruling in favor of retired judges who challenged the Legislature's 2011 decision to cut benefits increases for retirees in the state plan for judges and other elected officials.
The Legislature cut the cost-of-living increases after the judges' retirement system lost money in the Great Recession after gradually becoming underfunded in previous years.
Denying an appeal by state officials, the high court agreed the increases are part of a promised retirement benefit and are protected by the pension clause of the Arizona Constitution. That clause bars "diminishing or impairing" public retirement benefits.
Lawyers for the retired judges had argued that the clause protected both their retirement benefits and the increases to those benefits, while lawyers for the state argued that the protection only applied to benefits with increases calculated by current methods.
Arizona is not alone in grappling with the problem of underfunded public pensions. A proposed ballot initiative in California would allow cities to renegotiate public workers' future pension and retirement benefits. Oregon's Legislature passed a law similar to what Arizona passed in 2011 that cuts future cost-of-living adjustments. |
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Ousted Egypt leader's lawyers protest court cage
Court Issues |
2014/02/18 00:08
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Lawyers for Egypt's ousted president and his co-defendants walked out of court on Sunday to protest the soundproof glass cage in which defendants are held during proceedings, state TV reported.
It said judge Shaaban el-Shamy ordered a recess after the lawyers left the hearing, the first in a case in which Morsi and 35 others are facing charges of conspiring with foreign groups and undermining national security.
El-Shamy, who later ordered the trial adjourned until Feb. 23, was quoted by the private CBC TV network as telling the lawyers that the trial would proceed without them. It also reported that Morsi shouted at the start of the trial that he could not hear the proceedings.
El-Shamy sent technicians to inspect the cage to verify Morsi's claim, CBC said. The judge then ordered the volume raised to allow Morsi to better hear. The defense lawyers remained unsatisfied and walked out.
The cage was introduced after Morsi and his co-defendants interrupted the proceedings of other court cases by talking over the judge and chanting slogans. The cage is fitted to give the judge sole control over whether the defendants can be heard or not when speaking.
Morsi was ousted by the military following millions-strong protests demanding his step down after just one year in power. He, together with leaders of his Muslim Brotherhood, now face a multitude of trials on a range of charges, some of which carry the death penalty. |
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Nevada Officials Won't Defend Gay Marriage Ban
Court Issues |
2014/02/13 22:35
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In an about-face, Nevada has decided against defending its constitutional ban on same-sex marriages, the latest step in a series of battles being waged across the nation on the volatile issue.
Nevada's attorney general and governor said Monday that they won't defend the state's gay marriage ban pending before a federal appeals court, saying a recent court decision made the state's arguments "no longer defensible."
Attorney General Catherine Cortez Masto filed a motion with the 9th Circuit Court of Appeals that said Nevada's legal arguments supporting the voter-approved prohibition aren't viable in light of the court's recent ruling that said potential jurors cannot be removed from a trial during jury selection solely because of sexual orientation.
"After thoughtful review and analysis, the state has determined that its arguments grounded upon equal protection and due process are no longer sustainable," Masto said in a statement.
Nevada's move comes as courts around the country and the federal government have chipped away at laws that prohibit same-sex marriage and benefits in recent months. Meanwhile, some states and interest groups have rallied to defend limiting marriage to between a man and a woman. |
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