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Court Skeptical of Passenger Rights Law
Headline Legal News |
2008/03/06 04:57
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| A federal appeals panel seemed impatient Wednesday with arguments supporting the first law in the nation requiring airlines to provide food, water, clean toilets and fresh air to passengers trapped in a plane delayed on the ground.pThe three judges expressed skepticism that states should be allowed to impose such a law on an industry already subject to extensive federal oversight. It was likely, they implied through their questions, that federal authority would pre-empt state laws on the issue./ppNew York's law requires relief for people who have been trapped in a plane on the ground for at least three hours. It was passed after passengers at Kennedy International Airport were stranded on planes for more than 10 hours with no food and overflowing toilets./ppThe court did not immediately rule on the constitutionality of New York's Airline Passenger Bill of Rights./ppThe judges said they were sympathetic to the needs of passengers on planes, but they seemed to agree that only the federal government can regulate airline services./ppJudge Brian M. Cogan said New York's law might lead to multiple solutions by states nationwide that would subject airlines to all kinds of requirements./ppJudge Debra Ann Livingston agreed./ppThere is a patchwork problem in that every state should be concerned about this and probably would write different regulations, she said./ppEven though the judges had not yet ruled, Judge Richard C. Wesley defended their apparent stance./ppThis is a pre-emption issue. Judges aren't heartless people in black robes. Three judges must decide whether New York stepped over the pre-emption line, Wesley said./ppThe law was challenged before the appeals court by the Air Transport Association of America, the industry trade group representing leading U.S. airlines./ppSeth Waxman, a lawyer for the trade group, told the judges that a dozen other states were considering laws similar to New York's law. He said Congress was considering its own legislation./ppIf regulation is required in this area, it must be national to avoid what otherwise is a patchwork solution, Waxman said./ppBarbara Underwood, arguing in defense of the law, said it required minimal standards and protected the public./ppShe said planes in line for takeoff might, after three hours, be forced to return to the gate to pick up more food and water and empty its restrooms or need to summon a delivery service to perform those chores./ppA recent federal report showed that about 24 percent of flights nationally arrived late in the first 10 months of last year, which was the industry's second-worst performance record since comparable data began being collected in 1995./ppKennedy airport had the third-worst on-time arrival record of any major U.S. airport through October, behind the New York area's other two major airports, LaGuardia and Newark, according to the report./ppWesley called it a health and safety issue./ppWhat it really is about is human dignity, Underwood said./ppQueens Assemblyman Michael Gianaris, a Democrat, the prime sponsor of New York's Airline Passenger Bill of Rights, said after the arguments that he was not discouraged by the questions posed by the judges. He said he would welcome a national law protecting airline customers./ppI'm hopeful the judges will preserve the law, he said./p |
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Judge at Rezko Trial Keeps Jurors Secret
Headline Legal News |
2008/03/05 14:16
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| The judge in the corruption trial of a prolific fundraiser for Illinois Sen. Barack Obama and Gov. Rod Blagojevich (blah-GOY'-uh-vich) says she's keeping the identities of jurors secret.pTwelve jurors and six alternates are to hear opening statements Thursday in Antoin Tony Rezko's trial./ppU.S. District Judge Amy J. St. Eve says she's not releasing the jurors' names or numbers. She has left the door open to releasing some information later./ppThe 52-year-old Rezko is accused of shaking down companies hoping to invest teachers' pension money or build hospital expansions. He denies wrongdoing./ppRezko has raised hundreds of thousands of dollars for Blagojevich and sizable amounts for Obama. Neither politician has been charged with anything./p |
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US Judge Awards $37M in Peru Massacre
Headline Legal News |
2008/03/05 13:43
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| A federal judge has ordered a former Peruvian army officer to pay $37 million for his role in a 1985 massacre in Peru in which 69 civilians were slain, including elderly people and infants.pU.S. District Judge Adalberto Jordan ruled Tuesday in a lawsuit filed against former Maj. Telmo Hurtado by two women — Ochoa Lizarbe and Pulido Baldeon — who were 12 at the time and survived the attack./ppJordan had previously found in the lawsuit that Hurtado was had committed torture, war crimes and crimes against humanity./ppHurtado, 46, is in federal custody in Miami while fighting deportation to Peru, with a hearing set for March 26. He did not contest the lawsuit, did not have a lawyer and refused to testify last month when he was brought to court for a hearing on damages./ppJordan said the money can be awarded under a 1991 U.S. law allowing torture victims to collect damages in this country for violations if a foreign government refuses to do so. Neither woman has received any compensation from Peru's government./p |
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EPA Head Unaware of Pressures on States
Headline Legal News |
2008/03/05 12:26
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pThe head of the Environmental Protection Agency said Tuesday he didn't know of behind-the-scenes efforts by EPA officials to blunt state attempts to reduce mercury emissions from power plants.
Those efforts occurred even as the Bush administration argued in court that states are free to enact tougher mercury controls from power plants, The Associated Press reported last month, based on internal EPA documents.
Sen. Patrick Leahy, D-Vt., questioned EPA Administrator Stephen L. Johnson about the report at a hearing of the Senate Appropriations environment subcommittee.
Has anyone with EPA ever pressured any state against instituting any more restrictive mercury regulation? asked Leahy, who chairs the Senate Judiciary Committee.
I don't recall having any firsthand knowledge of that, said Johnson. I don't know if they have, no I don't, he added.
Leahy cautioned Johnson that such pressure on states was inappropriate, and if it did occur, then the EPA gave misleading information to the courts, which is an extremely serious matter.
A federal appeals court last month struck down the Bush administration's industry-friendly approach for mercury reduction that allowed plants with excessive smokestack emissions to buy pollution rights from other plants that foul the air less.
Internal EPA documents obtained by the advocacy group Environmental Defense show attempts over the past two years to bar state efforts to make their plants drastically cut mercury pollution instead of trading for credits that would let them continue it./ppMany states did not want their power plants to be able to buy their way out of having to reduce mercury pollution./ppThe push to rein in uncooperative states continued until the eve of the Feb. 8 decision by the U.S. Court of Appeals for the District of Columbia Circuit that struck down the EPA's program. A day before that ruling, the White House Office of Management and Budget approved a draft regulation to impose a federal implementation plan for mercury reduction in states whose mercury control measures did not meet EPA approval./p |
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Teen Appealing Web Blog Free Speech Decision
Headline Legal News |
2008/03/05 12:22
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A high school senior who used vulgar language in reference to her school administrators is appealing the decision of a lower federal court and fighting for her right to serve as class secretary and to speak at her graduation in the 2nd U.S. Circuit Court of Appeals in New York.
Avery Doninger, 17, was barred from running for class secretary by Lewis S. Mills High School in Burlington, Conn. because administrators she had written in her personal blog that officials were “douchebags” because she thought they cancelling an event she had helped plan. She also called for others to take action against Superintendent Paula Schwartz and to “piss her off more” by writing and calling Schwartz. Officials discovered the blog two weeks after she had written and the teen was told to apologize to Schwartz, show her mother the blog and was told she could not run again for re-election as class secretary. Doninger won the position by write-in votes, but was not permitted to serve.
U.S. District Judge Mark Kravitz had said that because Doninger’s blog was addressing school issues and because it was read by other students, she could be punished by the school. However, in the appeal, Doninger’s attorney argued that schools should not be able to regulate what is done on the internet if it does not create a risk of disruption and because it did not take place on school grounds or during a school activity.
It's just a bigger soapbox, her attorney, Jon L. Schoenhorn, told the Hartford Courant.
According to the Hartford Courant, Thomas R. Gerarde, the school’s attorney, said that the Internet has increased the impact of their words by how many people they can reach and that if student leaders make offensive comments about the school on the Internet, the school should be able to punish them.
We shouldn't be required to just swallow it, he said.
He also contended that the blog did cause school officials to receive numerous phone calls and emails and that some students had considered staging a sit-in.
However, the Harford Courant reported, Judge Sonia Sotomayor said that pedagogical rights can't supersede the rights of students off campus to have First Amendment rights. |
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