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Supreme Court sides with Kansas in water dispute
Court Watch | 2015/02/25 17:58
The Supreme Court on Tuesday ordered Nebraska to pay Kansas $5.5 million in a long-running legal dispute over use of water from the Republican River.

The justices also gave Nebraska some of what it asked for and ordered changes to the formula for measuring water consumption. Nebraska argued that the formula was unfair.

Justice Elena Kagan, writing the majority opinion, said the court was adopting the recommendations of the independent expert the justices appointed to help resolve the states' differences.

The dispute centers on a 1943 compact allocating 49 percent of the river's water to Nebraska, 40 percent to Kansas and 11 percent to Colorado. Since 1999, Kansas has complained that Nebraska uses more than its fair share of water from the river, which originates in Colorado and runs mostly through Nebraska before ending in Kansas.

"Both remedies safeguard the compact; both insist that states live within its law," Kagan wrote.

Nebraska Attorney General Doug Peterson's office said it was pleased with the decision. The $5.5 million award is significantly less than the $80 million that Kansas had sought.

"We hope the decision will move the basin states forward and provide continued incentives toward shared solutions to our common problems," the office said in a statement. "We are confident that payment of the court's recommended award will finally allow us to leave the past where it belongs — in the past."

While calling the decision "reasonable," Nebraska Gov. Pete Ricketts said he looked forward to working with his Kansas and Colorado counterparts to move forward.


'Saved by the Bell' Actor Due in a Wisconsin Court
Court Watch | 2014/12/31 17:34
Dustin Diamond, the actor who played Screech in the 1990s television show "Saved by the Bell," is expected to appear in a Wisconsin courtroom.

Diamond is accused of stabbing a man during a bar fight on Christmas Day in Port Washington, where he currently lives. A criminal complaint charges Diamond with second-degree recklessly endangering safety, disorderly conduct and carrying a concealed weapon.

A hearing is scheduled Monday afternoon in Ozaukee (oh-ZAH'-kee) County Circuit Court.

The criminal complaint says Diamond and his fiancee got into a tussle with two men and a woman at the Grand Avenue Saloon on Thursday night.

Diamond told police he accidentally stabbed one of the men while trying to defend his fiancee. The man was not seriously injured. Police say officers recovered a switchblade.


NY court: Chimps don't have same rights as humans
Court Watch | 2014/12/05 22:48
A chimpanzee is not entitled to the rights of a human and does not have to be freed by its owner, a New York appeals court ruled Thursday.

The three-judge Appellate Division panel was unanimous in denying "legal personhood" to Tommy, who lives alone in a cage in upstate Fulton County.

A trial level court had previously denied the Nonhuman Rights Project's effort to have Tommy released. The group's lawyer, Steven Wise, told the appeals court in October that the chimp's living conditions are akin to a person in unlawful solitary confinement.

Wise argued that animals with human qualities, such as chimps, deserve basic rights, including freedom from imprisonment. He has also sought the release of three other chimps in New York and said he plans similar cases in other states.

But the mid-level appeals court said there is neither precedent nor legal basis for treating animals as persons.


Supreme Court rejects blood transfusion case
Court Watch | 2014/12/04 20:33
The Supreme Court won't hear an appeal from the estate of a Michigan woman who died following a kidney transplant after turning down a blood transfusion because of her religious beliefs.

The justices on Monday let stand a state appeals court ruling that said the estate of Gwendolyn Rozier could not sue her doctors for negligence.

Rozier received a kidney from her daughter in a 2007 surgery but doctors later found that her body was rejecting the organ. She refused a blood transfusion, in keeping with the beliefs of Jehovah's Witnesses.

Rozier's estate accused the doctors of failing to timely recognize internal bleeding, among other allegations, which would have eliminated the need for a transfusion.

The Michigan appeals court said the transfusion was a necessary medical procedure under the circumstances.


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