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Supreme Court Overturns Billings Police Back-Pay Ruling
Court Issues | 2017/08/26 14:07
The Montana Supreme Court has overturned a judge's ruling that the City of Billings owes 27 current and former police officers $2.7 million in back pay, costs and penalties in a dispute over how longevity pay should be calculated.

District Judge Nels Swandal ruled in 2011 that the contract awarded longevity pay from the beginning of an officer's employment. The city and union officials said longevity pay was earned based on completed years of service.

The Billings Gazette reports that because the contracts could be interpreted both ways, the Supreme Court sent the case back to District Court for a trial to determine the parties' intent in the longevity pay portion of the contract.


Top NC court weighs lawmakers stripping of governor's powers
Law Firm News | 2017/08/25 14:06
North Carolina's highest court on Monday tackled the question of how far the Republican-led legislature can go to minimize new Democratic Gov. Roy Cooper's ability to pursue goals that helped him get elected last year by reshaping state government.

The state Supreme Court heard arguments in a lawsuit brought by Cooper that claims legislators violated North Carolina's constitution this spring by passing a law diminishing the governor's role in managing elections.

It's the first time the high court has waded into the ongoing political battle between lawmakers and Cooper that began after he narrowly beat incumbent Republican Gov. Pat McCrory last November. GOP lawmakers have sought to diminish Cooper's powers ever since.

The governor's lawyers told the seven-member court that the General Assembly violated the constitution's separation of powers requirement by reshaping the state elections board in ways that entrench Republican advantage. Elections boards are examples of the types of bodies that implement laws, functions that the state constitution requires from governors.


Supreme Court justice blocks ruling on redrawing Texas districts
Legal Opinions | 2017/08/24 14:06
U.S. Supreme Court Justice Samuel Alito on Monday temporarily halted enforcement of a lower-court ruling that required two Texas congressional districts to be redrawn.

Responding to an appeal by Texas Attorney General Ken Paxton, Alito halted action on the order and gave those who challenged the districts until Sept. 5 to address the points raised by Paxton’s appeal.

Sept. 5 is the day the three-judge court was to hold a hearing in San Antonio on redrawing the districts, including one based in Travis County and another that includes Bastrop County.

The court ruled two weeks ago that the districts were created by the Republican-controlled Legislature to intentionally discriminate against minority voters, who tend to favor Democrats.



Judge refuses to end Roman Polanski sex assault case
Court Watch | 2017/08/21 15:39
A Los Angeles judge on Friday denied the impassioned plea of Roman Polanski's victim to end a four-decade-old sexual assault case against the fugitive director.
 
Los Angeles Superior Court Judge Scott Gordon ruled that Polanski must return to California if he expects to resolve the charges. The Oscar winner fled the country on the eve of sentencing in 1978.

Gordon's ruling follows a request by Samantha Geimer to end the legal proceedings. The ruling was issued on Polanski's 84th birthday and blamed the director for the fact that the case was still alive.

"Her statement is dramatic evidence of the long-lasting and traumatic effect these crimes, and defendant's refusal to obey court orders and appear for sentencing, is having on her life," Gordon wrote.

Harland Braun, Polanski's attorney, said the ruling came after the judge asked for proposals on how to resolve the case.

Polanski pleaded guilty to having unlawful sex with Geimer when she was 13. She has said he drugged, raped and sodomized her.


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