Judge ousts defendant twice from Guantanamo court

The military judge presiding over the Sept. 11 war crimes tribunal at Guantanamo ejected one defendant from the courtroom twice Tuesday for speaking out of turn, adding a bit of drama to an otherwise dry pretrial motions hearing at the U.S. naval base in Cuba. Ramzi Binalshibh, one of five Guantanamo prisoners charged with orchestrating the Sept. 11 terrorist attack, refused repeated warnings to stop trying to address the judge about what he claims are efforts by guards to keep him awake at night with banging sounds inside his cell. But the judge, whose courtroom was repeatedly disrupted when the defendants were arraigned in May 2012, was having none of it. Army Col. James Pohl ordered troops to remove Binalshibh and place him in a holding cell. Then the same scene repeated itself in the afternoon session, and the judge warned it would happen again if the defendant tried again on Wednesday. "If he is disruptive he will be escorted from the courtroom," Pohl told the lawyers for Binalshibh. He also said he was concerned that the prisoner might shout out classified information, prompting courtroom censors to cut the sound. "I don't know what he'll say," he said. Both removals occurred as the judge asked Binalshibh if he understood he has the right to be absent from the remainder of the pretrial motions hearing this week. The four other defendants also answered in the affirmative. Binalshibh used the question as an opportunity to repeat claims that prison authorities use sounds and vibrations to keep him awake at night inside Camp 7, the high-security section of Guantanamo where he and the other defendants in the Sept. 11 case are held. Prosecutors say they have looked into the matter and were assured that no noises are being made.

Federal appeals court halts horse slaughterhouses

A federal appeals court on Monday temporarily halted plans by companies in New Mexico and Missouri to begin slaughtering horses, continuing on-again, off-again efforts to resume domestic equine slaughter two years after Congress lifted a ban on the practice. The 10th U.S. Circuit Court of Appeals in Denver issued a temporary injunction barring the Department of Agriculture from inspecting the plants, which were gearing up to open in the coming days after a federal judge in Albuquerque on Friday dismissed a lawsuit by The Humane Society of the United States. The Humane Society and other animal protection groups alleged the department failed to conduct proper environmental studies when it issued permits to the slaughterhouses. The Humane Society filed an immediate appeal and won an emergency injunction. "Horse slaughter is a predatory, inhumane business, and we are pleased to win another round in the courts to block killing of these animals on American soil for export to Italy and Japan," said Wayne Pacelle, president and CEO of The Humane Society of the United States. "Meanwhile, we are redoubling our efforts in Congress to secure a permanent ban on the slaughter of our horses throughout North America." Blair Dunn, who represents Valley Meat Co. of Roswell, N.M., and Rains Natural Meats of Gallatin, Mo., emphasized the order was temporary.

Court favors Abercrombie in Okla. suit over hijab

A federal appeals court has dismissed claims by an Oklahoma woman who says she wasn't hired by Abercrombie & Fitch because her headscarf conflicted with the retailer's dress code, which has since been changed. A federal judge initially sided with the Equal Employment Opportunity Commission, which filed the lawsuit on behalf of Samantha Elauf. The EEOC alleged that Elauf wasn't hired in 2008 at an Abercrombie store in Tulsa's Woodland Hills Mall because her hijab violated the clothing retailer's "Look Policy." The 10th U.S. Circuit Court of Appeals reversed that decision Tuesday. The court said Elauf never told Abercrombie she needed a religious accommodation, even though she was wearing the headscarf during her interview. The Ohio-based company changed its policy three years ago. It recently settled similar lawsuits in California.

Teen charged with killing principal in court

A Memphis teen charged with fatally stabbing his high school principal two years ago is scheduled to make a court appearance. The lawyer for 18-year-old Eduardo Marmolejo said last month that he's optimistic the case against his client will be resolved at a hearing Tuesday. Marmolejo was 16 when he was charged with first degree murder in the August 2011 stabbing of 49-year-old Suzette York, his principal at Memphis Junior Academy. A juvenile court judge decided in September 2011 that Marmolejo's case should be moved to adult court. The teen has pleaded not guilty. Investigators say Marmolejo planned the killing for months. York's body was found in a pool of blood in a classroom. Defense lawyer Leslie Ballin and prosecutors have been discussing a plea deal.

Law Office of Rita O. White - Criminal Law Attorney

Anyone who may be accused of a criminal act and have been arrested is inclined to feel scared or alone. If you have recently found yourself in this situation and are charged with a crime, you don't have to deal with it all alone. It is important to know who to contact during these difficult times and seek legal help from the Law Office of Rita O. White. Our criminal attorney has the years and knowledge to fight for any case. Our criminal defense lawyers can handle all types of criminal law cases, including: Drug crimes Violent crimes Sex crimes White collar crimes Juvenile crimes DUI Whether you’re facing a traffic infraction at the state level or have been arrested for a federal crime, the Law Office of Rita O. White will be prepared to litigate your case. Legal jargon may make it difficult to understand completely but our attorneys will serve as your advocates and offer you ongoing support throughout the entire process. We will fight so that you receive a fair trial, challenge any evidence that is illegally obtained, and make sure that your defense is presented as strongly as possible. We are the aggressive advocates you will need for any type of criminal defense. For any inquiries about our criminal law services and the types of cases we handle, contact us at our law office today to set up an initial case evaluation.

Judge OKs class-action settlement over Skechers

A federal judge approved a $40 million class-action settlement Monday between Skechers USA Inc. and consumers who bought toning shoes after ads made unfounded claims that the footwear would help people lose weight and strengthen muscles.
U.S. District Judge Thomas B. Russell in Louisville approved the deal, which covers more than 520,000 claims. About 1,000 people eligible for coverage by the settlement opted not to take part.
Those with approved claims will be able to get a maximum repayment for their purchase _ up to $80 per pair of Shape-Ups; $84 per pair of Resistance Runner shoes; up to $54 per pair of Podded Sole Shoes; and $40 per pair of Tone-Ups.
Russell also awarded $5 million for the attorneys in the case to split. Russell ordered that the money cannot come from the $40 million settlement fund set aside for consumers.
Two people that served as the lead plaintiffs in the case will receive payments of $2,500 each.
Russell considered multiple factors in deciding to approve the settlement and found it provides just compensation to the plaintiffs.

Court dismisses lawsuits in power plant deaths

The Colorado Court of Appeals has dismissed lawsuits against three companies in the deaths of five workers at a power plant in 2007.

The appeals court agreed Thursday with a judge that there was no evidence that the companies violated duties or failed to provide adequate warnings of a fire hazard.

The workers died after a fire broke out inside a pipeline at Xcel Energy's Cabin Creek hydroelectric plant near Georgetown, about 40 miles west of Denver. The men were inside the pipeline resealing it at the time.

The workers were trapped in the tunnel when a flammable solvent they were using to clean an epoxy paint sprayer ignited on Oct. 2, 2007.

Families of the men and four injured employees sued KTA-Tator Inc., Structural Integrity Associates Inc. and Graco, Inc., claiming the companies were negligent.

The court, however, noted that the sprayer used by the workers carried a warning that "flammable fumes, such as solvent and paint fumes, in (a) work area can ignite or explode" and offered safety options.

The workers communicated by radio for 45 minutes with colleagues and rescue crews. But reaching them would have involved using ropes or ladders to go down a 20-foot vertical section of tunnel then along a 1,000-foot section at a 55-degree slope, to reach the horizontal section where they were located.

Court to mull Arizona's immigrant harboring ban

An appeals court is scheduled to hear arguments Tuesday in Arizona Gov. Jan Brewer's bid to let police enforce a minor section of the state's 2010 immigration law that prohibits the harboring of illegal immigrants.
The harboring ban was in effect from late July 2010 until U.S. District Judge Susan Bolton ruled in September that it was trumped by federal law and barred police from enforcing it. Brewer has asked the 9th Circuit Court of Appeals to overturn Bolton's ruling.
Brewer's lawyers argue the ban doesn't conflict with federal policies, is aimed at confronting crime and that the law's opponents haven't shown they have legal standing to challenge the prohibition. The governor's attorneys also say there's no evidence that the ban has been enforced against any people or organizations represented by a coalition of civil rights groups that have challenged the law in court.
The coalition has asked the appeals court to uphold Bolton's ruling, saying the state law is trumped by a federal harboring law that leaves no room for state regulation. The coalition also argues that Bolton has repeatedly confirmed that it has standing to challenge the harboring ban.
Another federal appeals court has barred authorities from enforcing similar harboring bans in Alabama and Georgia.

Craig W. Drummond - Civil Litigation

If you are a business, corporation or entity involved in a disagreement contact Craig to discuss your rights and options. Craig has a proven track record of successfully resolving disputes on behalf of businesses and corporations, including serving as local counsel to out of state law firms, handling disputes that arise with business transacted in Las Vegas, and working with enforcement and regulatory authorities to resolve civil issues. Craig has developed strategic relationships with some of the best specialty corporate attorneys in Las Vegas to work with to ensure that the client has the best possible team to fight their case.

http://www.drummondfirm.com/civil-litigation