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N Carolina Supreme Court race lawsuit returning to court
Court Watch |
2018/08/11 06:44
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A North Carolina Supreme Court candidate's lawsuit against Republican legislators over a law preventing him from having his party listed on November ballots is returning to court.
A judge scheduled a Wake County hearing Monday to consider requests by candidate Chris Anglin and a lower-court candidate also fighting the law finalized by GOP legislators earlier this month.
The law says a judicial candidate's party affiliation won't be listed next to the candidate's name if it was changed less than 90 days before filing for a race. Anglin says the law targets him — he was a registered Democrat three weeks before entering the race as a Republican.
Republicans accuse Anglin of trying to split the GOP vote with incumbent Justice Barbara Jackson to help Democratic opponent Anita Earls win.
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Court: Mud buggy race operators weren't negligent in crash
Court Watch |
2018/08/03 23:33
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A jury properly determined that the operators of an Eau Claire mud buggy race weren't negligent in a wild crash that cost a spectator part of his leg, a Wisconsin appeals court ruled Tuesday.
The case revolves around Shawn Wallace, who was watching a race at Eau Claire's Pioneer Park in 2012 when a buggy hit a guardrail, flew off the track and landed in the crowd. Wallace was injured so badly he had to have one of his legs amputated below the knee.
He filed a lawsuit in 2013 alleging that the track's owner, Chippewa Valley Antique and Engine Model Club Inc., and the race's sanctioning body, Central Mudracing Association Inc., had been negligent.
The jury at the 2016 trial found that the accident was unforeseeable and that neither defendant had been negligent.
Wallace appealed, arguing that Eau Claire County Circuit Judge William Gabler had improperly barred him from telling the jury about a 2005 crash at the track that injured spectators and had improperly limited a crash reconstruction expert's testimony.
The 3rd District Court of Appeals sided with the judge. The court said in its ruling Tuesday that Gabler reasonably determined that the 2005 crash wasn't similar to the 2012 incident.
The earlier crash occurred on a different part of the track, the spectators who were injured were viewing the race from a truck, not the bleachers, and the track operators extended guardrails following that crash, the appeals court noted. Therefore the crash was of little value in Wallace's case, the court concluded. |
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Court: Ban seafood caught with nets that harm tiny porpoises
Court Watch |
2018/07/27 23:32
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A judge has ordered the U.S. government to ban imports of seafood caught by Mexican fisheries that use a net blamed for killing off the vaquita, the world's smallest and most-endangered porpoise.
Judge Gary Katzmann, of The U.S. Court of International Trade, on Thursday granted a motion after three environmental groups filed a lawsuit seeking a ban on seafood caught with gillnets in part of the Gulf of California, where the vaquita live.
Some scientists estimate that there could be as few as 15 of the vaquita — Spanish for "little cow" — left. The court noted that experts believe they could be extinct by 2021 without intervention.
Their numbers have been severely reduced illegal fishing and by the gillnets, which are used to catch a variety of shrimp and fish.
The nets are hung in the water to catch seafood. The Mexican government has banned their use in some areas and for some species, but allows it for other species.
There also is illegal fishing in the vaquitas habitat for the Mexican totoaba fish, which goes for high prices because its swim bladder is considered a delicacy in China and reputed to boost fertility.
The Justice Department, which had opposed the ban, did not immediately answer an email seeking comment.
The groups that filed the suit are the Natural Resources Defense Council, the Center for Biological Diversity and the Animal Welfare Institute.
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State Supreme Court returns stalking case to lower court
Court Watch |
2018/07/23 06:44
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The South Dakota Supreme Court says a judge did not adequately explain why a Rapid City woman's Facebook complaints against her neighbor constituted stalking.
The Rapid City Journal reports that a judge in 2016 granted Sarah Thompson's request for a protection order against Wambli Bear Runner over Bear Runner's frequent antagonistic updates against Thompson. The two women had been dating the same man.
One of the posts read, "I'll forever be watching #your enemy unless I get an apology!"
The high court ruled that the circuit court did not show why Bear Runner's comments qualified as stalking. The case has been returned to the lower court.
South Dakota's law against stalking notes harassment can come through verbal, digital, electronic or even telegraphic communication.
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