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Pierre contract dispute goes before high court
Legal World News | 2011/04/29 07:22
The South Dakota Supreme Court has heard arguments in a dispute between Pierre and the union representing a majority of city workers.

The city a year ago imposed its final salary offer of a 1 percent raise for all employees and another 1 percent for eligible workers. A circuit court judge last fall ruled that the city was within its rights to do so. The International Union of Operating Engineers Local 49 appealed.

KCCR radio reports that union attorney Todd Love told Supreme Court justices Thursday that the city didn't follow proper procedure. The attorney for Pierre argued that the city dealt with the union in good faith and had no other alternative.

Justices will rule later. Meanwhile, the city and union will continue under terms of the 2009 contract.


Conn. high court hears death penalty appeal
State Law Issues | 2011/04/29 05:22
div class=entrydiv class=articleA lawyer told the state Supreme Court yesterday that his client’s death penalty case was the weakest one ever to go before the high court, alleging that the jury was biased and that key evidence was improperly withheld from the trial.

Justices heard the appeal of former Torrington resident Eduardo Santiago, 31, who prosecutors say agreed in 2000 to kill a West Hartford man in exchange for a pink-striped snowmobile with a broken clutch. He was sentenced to death by lethal injection in 2005 after a jury convicted him, despite no clear evidence that he was the one who pulled the rifle trigger.

Two other men are serving life prison sentences for the killing of Joseph Niwinski, 45, who was shot in the head while sleeping in his home.

Santiago’s lawyer, Assistant Public Defender Mark Rademacher, told the Supreme Court that there was no way a reasonable jury could have condemned Santiago. The defense presented 25 mitigating factors, including Santiago’s troubled childhood, for jurors to consider against the death penalty, while the state based its argument for execution on one aggravating factor, that Niwinski was killed in a murder-for-hire plot.

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Kan. House debates forcing lawsuit over casino
State Law Issues | 2011/04/28 09:23
div class=entrydiv class=articleThe Kansas House is debating whether it should force the attorney general to file a lawsuit over a proposed state-owned casino south of Wichita.

A resolution being discussed Thursday would require Attorney General Derek Schmidt to sue the state Racing and Gaming Commission's over its decision to allow a casino near Mulvane.

Iowa-based Peninsula Gaming plans to build a $260 million casino complex 18 miles south of Wichita.

Critics question whether the commission's decision in January was premature.

They cite misdemeanor campaign finance charges pending against the company and two top executives in Iowa. Company officials have said they're confident the case will be resolved in their favor, and they've started work on the casino.

Kansas law allows one legislative chamber to direct the attorney general to file a lawsuit.

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Nebraska court rejects former candidate's lawsuit
Legal Information | 2011/04/28 09:21
The Nebraska Supreme Court has rejected a former legislative candidate's defamation lawsuit against the state Republican Party over campaign flyers.

The Lincoln Journal Star says the court ruled Thursday that tone of the publications constitute opinion and is protected by the First Amendment.

Democrat Rex Moats, of Omaha, sued the GOP after losing in the November 2008 election, saying he was defamed by 11 campaign flyers. The flyers referenced Moats' work with a vehicle-repair insurance company that failed in 2003 and left about 500,000 people without coverage. In the mailings, the Nebraska GOP claimed Moats received a $50,000 trust fund from the insurance company and misled creditors and the public.

Moats' attorney didn't immediately comment on the ruling. Mark Fahleson of the GOP hailed the ruling, calling the lawsuit frivolous.


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