Sunday, May 28, 2023

Get Litigation Reports Find Judicial Opinions

Sunday, May 28, 2023 | Back issues

Appeals

Mountain Valley Pipeline

Brief / May 26, 2023

WASHINGTON — The D.C. Circuit partially sided with the Sierra Club on its challenge to the Mountain Valley Pipeline that plans to run through Virginia and West Virginia. The Federal Energy Regulatory Commission is ordered to prepare an environmental impact statement pertaining to the project’s “unexpectedly severe erosion,” but the project is not halted in the interim.

US journalist Evan Gershkovich appeals extension of detention on spying charges

Associated Press / May 26, 2023

Gershkovich's case has been wrapped in secrecy.

Class action against Ring

Brief / May 26, 2023

SAN FRANCISCO — A California appellate court upheld the denial of video doorbell company Ring’s motion to compel arbitration in a class action alleging that it did not inform customers that basic recording, playback and screenshotting features were only usable if buyers paid an additional fee. Ring could not identify which of 10 versions of its terms of service governed and cited different exhibits inconsistently; inconsistent arguments should be rejected.

11th Circuit revives deaf discrimination suit

Brief / May 26, 2023

ATLANTA — The Eleventh Circuit reversed the lower court’s finding in favor of O’Reilly Auto Parts, which employed a deaf man who argued the auto shop violated the Americans with Disabilities Act by failing to provide him with a sign language interpreter on several occasions and failing to text him summaries of nightly safety meetings. His inability to participate in the meetings may have adversely affected the terms of his employment.

Belarus upholds 8-year prison sentence for journalist of top Polish newspaper

Associated Press / May 26, 2023

Andrzej Poczobut had extensively covered mass protests that engulfed Belarus in 2020.

California’s top court takes up Monterey measure to halt new oil drilling

Edvard Pettersson / May 25, 2023

The backers of Measure Z continued to fight for the restrictions on new drilling after Monterey County settled with the oil industry in 2018.

Homophobic child abuse

Brief / May 25, 2023

ANNAPOLIS, Md. — Maryland’s appellate court upheld a lower court’s determination that the father of a trans child and a gay child has inflicted mental injury on the gay child as strongly evidenced by texts, emails and reports of conversations where the father has said, for example, “Please please do not allow these demons you are surrounded by influence you.” Because the gay child feels unsafe around the father, he is ordered to stop abusing and threatening the child and may not enter the child’s home until the child is comfortable seeing him.

Prison phone providers must face suit over high cost of calls

Joe Dodson / May 25, 2023

An appellate panel revived a case filed by relatives who say they overpaid for phone calls with inmates.

10th Circuit revives fight over grazing permit amid questions about grizzly deaths

Amanda Pampuro / May 25, 2023

As the threatened grizzly bear population grows, interactions with ranchers and cattle have prompted the U.S. Fish and Wildlife Service to sign off on up to 72 bear kills over the next decade.

Native discrimination

Brief / May 25, 2023

ALBUQUERQUE, N.M. — The New Mexico Court of Appeals reversed a lower court’s determination that the New Mexico Human Rights Act does not apply to public schools after a teacher and the Albuquerque school district were sued by a Native American student who felt unwelcome at school after a teacher cut off three inches of another Native American student’s hair and sprinkled it on their desk.

Top EU court tells Austria to tighten rules for environmental review

Molly Quell / May 25, 2023

A plan by an Austrian billionaire to build luxury apartments and a massive ice skating rink in the middle of Vienna has faced pushback from urban designers and environmental activists for over a decade.