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Conn. court: church can't be sued by ex-principal
Legal Network |
2011/07/26 16:01
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The Connecticut Supreme Court ruled Monday that a former Catholic school principal cannot sue the Archdiocese of Hartford on claims she was wrongly fired for not retaliating against a student, who complained about sexual remarks allegedly made by a priest now accused of abusing children.
The high court unanimously overturned a lower court ruling in favor of Patricia Dayner, former principal of St. Hedwig's School in Naugatuck. Justices said Dayner's lawsuit against the archdiocese was barred under the "ministerial exception" to state courts' authority to decide employment cases. The exception is based on the First Amendment right to freedom of religion, and the right of religious organizations to control their own internal affairs.
But the state Supreme Court, in its first ruling on the issue, didn't ban all labor-related lawsuits against religious institutions. Justices adopted the view of the 2nd U.S. Circuit Court of Appeals in New York, which ruled in 2008 that courts can decide to step into church employment disputes based on the nature of the complaints and whether court action would intrude on churches' right to decide issues related to doctrine or internal governance.
Federal appeal courts have issued conflicting rulings in ministerial exception cases. The U.S. Supreme Court will take up the issue later this year, when it hears a case involving a teacher at a church-run school in Michigan and decides whether ministerial exception applies to the Americans with Disabilities Act in cases where church workers are deemed secular, and not religious, employees. |
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Court reverses conviction on online Obama threat
Legal Network |
2011/07/20 16:20
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A federal appeals court on Tuesday overturned the conviction of a man who posted Internet messages threatening Barack Obama during his 2008 presidential campaign.
A divided three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that Walter Bagdasarian's violent and racist screeds against Obama were "repugnant" but not criminal. The court also said it was obvious the San Diego man wasn't planning to attack the candidate and that the postings were protected by Bagdasarian's free speech rights.
Bagdasarian was convicted in 2009 of two felony counts of threatening a major presidential candidate.
Bagdasarian posted several messages to a Yahoo Finance message board in October 2008, including one that called Obama a racial epithet and another that said "he will have a 50 cal in the head soon" — a reference to a .50 caliber gun.
A retired Air Force officer forwarded the postings to the Secret Service. Yahoo provided Bagdasarian's subscriber information to investigators, who raided his house and seized six guns and a hard drive containing an email with similar sentiments.
Bagdasarian admitted posting the messages, but said he was drunk and joking.
He waived his right to a jury trial. District Judge Marilyn L. Huff found him guilty and sentenced him to 60-days in a half-way home.
But the appeals panel said no "reasonable person" could have taken seriously Bagdasarian's posts. |
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Court: Gov't must state position on gay troop ban
Legal Network |
2011/07/12 16:23
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A federal appeals court that has called for the immediate halt of the military's ban on openly gay troops issued an order Monday requiring the U.S. government to state whether it will continue to defend the policy's constitutionality in court.
Monday's order comes less than a week after the 9th U.S. Circuit Court of Appeals in San Francisco told the Obama administration to immediately cease enforcing the "don't ask, don't tell" policy, which could speed up its repeal.
The ruling stems from a lawsuit filed by the Log Cabin Republicans against the Department of Justice.
The gay rights group last year persuaded a lower court judge to declare the ban unconstitutional after a trial that put the Obama administration in the position of defending a policy it opposes.
DOJ attorneys have said they are defending the policy in court as they do with any law that is being challenged. They also have said the issue should be decided by Congress and not the courts.
The three-judge merits panel of the 9th Circuit said after reviewing briefs from both parties in the case, that it appears the government is not prepared to defend the policy's constitutionality.
The order was not signed by the judges and it was not known if the three jurists were the same ones who ruled last week on stopping its enforcement. |
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Ballard Spahr says Stewart new chair of national law firm
Legal Network |
2011/07/06 15:43
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Law firm Ballard Spahr LLP says that Mark Stewart, who helped the firm open six new offices, has been named its chair.
The law firm — its headquarters are in Philadelphia — said Stewart became chair on Friday, succeeding Arthur Makadon who took the position in 2002. He is returning to active practice with the firm.
Stewart joined the firm as a summer associate in 1981.
Ballard Spahr has more than 475 lawyers in 13 offices across the U.S. and offers litigatition, business and finance, real estate, intellectual propery and public finance services. |
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