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•  Legal Marketing - Legal News


Judge Michael M. Anello will hear San Diego Unified's motion for a temporary restraining order in federal court 4 p.m. Friday, according to court records. The district filed a lawsuit Friday against the College Board and Educational Testing Services, the company that administers Advanced Placement tests, seeking to have the results of 844 voided Scripps Ranch High School AP exams released.

The district, along with 23 students, is alleging that withholding the scores is a breach of contract. The students say they would face thousands of dollars in damages if they miss out on college credits because of the decision.

An attorney for the San Diego Unified School District was in court Monday seeking a temporary restraining order on a College Board ruling to invalidate several hundred Advanced Placement exams taken at Scripps Ranch High School in May. The testing nonprofit voided the tests after learning the school did not follow proper seating protocols.

Court: Energy firm can pass $55M cleanup costs

•  Legal Marketing     updated  2017/07/06 09:31


The Ohio Supreme Court says an energy company is allowed to pass on the $55 million cost of cleaning up two polluted sites to its customers in the form of an added charge on their monthly bills.

Duke Energy has been adding $1.67 to bills in Ohio for about three years to help pay for the cleanup of two long-closed facilities in Cincinnati. A spokeswoman says the charge will likely continue for two more years.

The Supreme Court ruled last week that cleanup costs can be treated like other business expenses.

The Cincinnati Enquirer reports that Charlotte, North Carolina-based Duke Energy inherited the plants from another company. They were closed in 1928 and 1963, but cleanup had been a low priority because there was little public access to the sites.



The Republican-dominated Legislature's tense relationship with the state Supreme Court is hanging over this year's legislative session as lawmakers take up two bills to deal with the aftermath of court rulings that Republicans don't like.

One of them is a fix to the state's death penalty rules and the other a revision of the "stand your ground" law to better protect defendants claiming self-defense.

It's no surprise that two other bills are seen as a shot back at the court - a proposal to limit justices' terms to 12 years and a bill that would require them to file reports to the governor and Legislature on the timeliness of their decisions.

House Speaker Richard Corcoran says one of his highest priorities is to "reign in" the Supreme Court.

Former Supreme Court Justice James Perry said the Legislature is at "open war" with the judiciary, but he said the Legislature can't control the court.



Some Republicans are set on returning all North Carolina state judicial elections to being officially partisan races again.

A law quickly approved in December during a special election directed statewide races for Supreme Court and Court of Appeals to become partisan starting in 2018. Now the state House scheduled floor debate Wednesday on legislation extending that to local Superior Court and District Court seats next year, too.

Having partisan races means candidates run in party primaries to reach the general election. Unaffiliated candidates could still run but would have to collect signatures to qualify.

Judicial races shifted to nonpartisan elections starting in the mid-1990s in part as an effort to distance judicial candidates from politics. But Republicans today say party labels help give voters some information about the candidates.




The highest court in Massachusetts on Tuesday threw out a gun conviction against a Boston man in a ruling that says black men who flee when approached by police may be reacting to racial profiling rather than trying to hide criminal activity.

In its ruling, the Supreme Judicial Court found that Boston police had "far too little information" to stop Jimmy Warren after seeing him and another black man walking in Boston's Roxbury neighborhood about 30 minutes after they received a report of a home break-in in 2011.

Police had received only a vague description of three black males wearing dark clothing and hooded sweatshirts seen leaving the home. Warren ran when police approached him. After a foot chase, an officer arrested him in a backyard. He was charged with unlawful possession of a firearm after a handgun was found on the front lawn.

The SJC found that police did not have a reasonable suspicion to stop Warren and his friend, noting that an officer's hunch is not enough. The court cited a report by the Boston Police Department that found black men were disproportionately stopped and frisked by Boston police between 2007 and 2010. The court said black men in Boston who flee when approached by police does not necessarily indicate that they are guilty of a crime.




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