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Tuesday, December 5, 2023

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SUPREME COURT TOSSES DISABILITY TESTER CASE

The justices declined to rule on a key enforcement mechanism for the Americans
with Disabilities Act after the case was voluntarily withdrawn.

by Megan Butler and Kelsey Reichmann


MASSACHUSETTS COURT STUMPED AS TO WHETHER SECOND AMENDMENT PROTECTS SWITCHBLADES

The justices confessed confusion over how the Wild West — and West Side Story —
should fit into its constitutional analysis.

by Thomas F. Harrison


TWO DECADES OF AIR QUALITY GAINS IN THE WESTERN US WIPED OUT BY WILDFIRES

A new study finds that black carbon rates have been increasing by an average of
55%, leading to around 670 additional premature deaths annually.

by Hillel Aron


IN GERMANY, DEBATE RAGES OVER A STATE POLICY TO SUPPORT ISRAEL, NO MATTER WHAT

As Gaza is bombarded by Israeli forces, a polemic is raging in Germany over a
state policy that makes criticism of Israel blasphemous because it's seen as
antisemitic.

by Cain Burdeau

READ CLOSING ARGUMENTS

A weekly roundup of our top news stories!

Read here


FOURTH CIRCUIT JUDGES QUIBBLE OVER LGBTQ-INCLUSIVE BOOKS FOR MARYLAND ELEMENTARY
SCHOOLERS

The parents claim that forcing their kids to read books that promote tolerance
of LGBTQ+ people violates their religious rights.

by Joe Dodson

PODCAST


TUESDAY ON SIDEBAR: BIG BOLD BEAUTIFUL 2023 RECAP

The Sidebar hosts put on their best formal wear to discuss the legal highlights
and lowlights in 2023 and what 2024 might bring (hint: presidential throwdown).



COURTS & THE LAW


CALIFORNIA STATE UNIVERSITY FACULTY UNION SUES OVER BAN ON CLASSROOM STRIKE TALK



The lawsuit comes as CSU faculty begin a weeklong rolling strike across several
campuses of the 23-school system.

by Michael Gennaro


SAN MATEO JAIL SNAIL-MAIL BAN DRAWS FIRST AMENDMENT CHALLENGE

The Bay Area county argues that keeping all mail digital protects incarcerated
people. But the inmates say blocking physical mail violates their basic rights.

by Natalie Hanson


FORMER US AMBASSADOR TO BOLIVIA CHARGED WITH SECRETLY SPYING FOR CUBA



Federal prosecutors say Victor Manuel Rocha gathered intelligence for the Cuban
government for more than 40 years.

by Nolan Stout


TEXAS, LOUISIANA AND MISSISSIPPI FIGHT EPA OZONE RULES AT FIFTH CIRCUIT

The states' "good neighbor" plans fell short of ozone emissions reductions
standards, federal environmental regulators say.

by Sabrina Canfield


JUDGE CONSIDERS SANCTIONING TEXAS AGAIN IN FOSTER CARE REFORM CASE



Texas is on the brink of being found in contempt for the third time in
long-running litigation over its dysfunctional foster care system.

by Cameron Langford

AROUND THE NATION


WHITE HOUSE SAYS UKRAINE FUNDING WILL RUN OUT BY END OF YEAR

Without congressional action, officials say Ukraine will be undermined on the
battlefield.

by Nolan Stout


FRONTIER AIRLINES LANDS SETTLEMENT WITH PILOTS GROUNDED DURING PREGNANCY

Pilots and flight attendants filed twin lawsuits against the budget airline in
2019 after they faced employment discrimination as new mothers.

by Amanda Pampuro


MOBILE HOME LOT OWNERS ACCUSED OF RENT-FIXING CONSPIRACY

Multiple real estate companies have artificially inflated mobile and
manufactured home lot rents across the country for years, a plaintiff claims in
a class action filed in federal court in Chicago on Monday.

by Dave Byrnes


PRISON TIME FOR OLYMPIC SNOWBOARDER WHO CRASHED A PLANE FOR YOUTUBE



"It's hard to reconcile his law-abiding life with the incredibly poor decisions
he made," a federal judge said.

by Edvard Pettersson


ACTOR JONATHAN MAJORS PREVIEWS DEFENSE AGAINST DOMESTIC VIOLENCE CHARGES AS
TRIAL OPENS



Defense lawyers for the "Lovecraft Country" star counter that he was the
bloodied victim of an altercation where his ex-girlfriend was the aggressor, not
the other way around, as charged by New York prosecutors.

by Josh Russell


NINTH CIRCUIT ORDERS FEDS TO REVISIT GROUNDWATER PUMPING FOR ARIZONA MILITARY
BASE



The U.S. Fish and Wildlife Service relied on hypothetical savings when it
decided in 2014 that groundwater pumping at Fort Huachuca would result in a
water surplus.

by Joe Duhownik


RICHMOND MAYOR LEVAR STONEY LAUNCHES VIRGINIA GUBERNATORIAL RUN

The 42-year-old hopes to be the Commonwealth's first Black governor in three
decades.

by Joe Dodson


FORMER OHIO ENERGY CHIEF PLEADS NOT GUILTY TO BRIBERY CHARGES

Attorney Sam Randazzo, former chairman of the Public Utilities Commission of
Ohio, was charged with 11 counts of conspiracy to commit bribery and wire fraud
and appeared in federal court Monday.

by Kevin Koeninger


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SACKLER IMMUNITY SHIELD CRACKS AT SUPREME COURT



by Kelsey Reichmann


SECOND AMENDMENT LAWSUIT DEMANDS QUICKER, CHEAPER CONCEALED GUN PERMITS IN LA
COUNTY

by Edvard Pettersson


HOW A SUPREME COURT CASE COULD UPEND THE US TAX CODE



by Kelsey Reichmann



RULINGS

by Daniel Conrad


ENCAMPMENT DISSOLUTION

A federal court in Pennsylvania ruled in partial favor of homeless Pottstown
residents challenging the borough’s efforts to close large encampments erected
because there is no permanent housing for single homeless individuals. Their
Eighth Amendment claim succeeds because they face a threat of being criminalized
for sleeping outdoors, but the city government may still close it without the
threat of criminal sanctions.




ANYONE COULD TELL

A federal court in Massachusetts declined to grant summary judgment to Fiat
Chrysler Automobiles, which is being sued by a customer who ordered a new Jeep
directly from the manufacturer but received a car that had been previously
driven and damaged. He didn’t support his claims with expert testimony, but also
didn’t have to, because the defects are plainly evident to the average person.




FORD TO PAY FOR ASBESTOS DEATH

A federal court in North Carolina declined to order a new trial after Ford lost
to a widow who lost her husband to mesothelioma, which developed because he was
exposed to asbestos during his 40 years of working as a tractor-trailer
mechanic. She is awarded $275,000 in back pay plus prejudgment interest to the
tune of nearly $67,000.


YETI BOOTLEGS

A federal court in Texas allowed YETI Coolers’ lawsuit to proceed against a
materials recycling company, which failed to destroy and recycle YETI-branded
jackets, backpacks and tote bags that were manufactured but never taken to
market, yet wound up in the hands of resellers and were sold illegally across
the U.S. The Texas company has a legitimate interest in getting relief in the
state where its products were illegally sold.




MENTAL HEALTH ARREST

A federal court in New York preserved an Oneida citizen’s excessive force,
failure to accommodate and assault claims against an officer who kicked him
while he was handcuffed for behavior he exhibited during a mental breakdown
related to his bipolar disorder. The kick was not justified, and the officer was
aware of the disability but did not properly de-escalate the situation or
perform a mental health arrest instead.



FROM THE WALT GIRDNER STUDIO

Prev

Prev


HOT CASES

by Courthouse News editors


OREGON TITLE IX SUIT

Thirty-two female student-athletes accused the University of Oregon Title IX
violations in women's beach volleyball and club rowing. The athletic department
failed to provide "equal treatment, equal athletic financial aid, and equal
opportunities to participate in varsity athletics," including inadequate
scholarship money and practice facilities.


NHL RAPE CLAIMS

A woman says then-NHL player Sergei Krivokrasov and his brother, Andrei, raped
her at a party at Elmira College in 2000, according to a suit filed in state
court. Jane Doe is suing the brothers and the college, which she says should
have prevented someone with a history of assault from staying on campus.


TRAIN DERAILMENT

CSX Transportation didn't maintain its train cars or trackside detectors that
might have prevented a derailment and molten sulfur spill, according to a class
action filed in federal court. Residents had to evacuate after a fire left
plumes of sulfur dioxide in the air.


PRO-ISRAEL PROTEST BUSES

Pro-Israel rallygoers in a federal class action accused Coach bus drivers of
calling out sick to refuse to drive them to demonstrations in Washington to
support Israel's fight against Hamas.


TOUCH-SCREEN VOTING

Common Cause and a handful of individual voters sued the New York State Board of
Elections and commissioners in Albany Supreme Court over the state's adoption of
ExpressVote XL, a touch-screen voting machine that doesn't let voters verify
their votes.

MORE NEWS


INDONESIA VOLCANO DEATH TOLL RISES TO 22 AS SEARCH NEARS END


UK SIGNS NEW MIGRATION TREATY WITH RWANDA


SPANISH NEWSPAPER ASSOCIATION FILES MULTIMILLION-EURO SUIT AGAINST META OVER
ADVERTISING PRACTICES


DOZENS KILLED AFTER NIGERIAN ARMY DRONE STRIKE HITS VILLAGERS


THE HOUSE WILL VOTE NEXT WEEK ON FORMALIZING ITS BIDEN IMPEACHMENT INQUIRY,
SPEAKER JOHNSON SAYS


FRANCE’S PARLIAMENT CONSIDERS A BAN ON SINGLE-USE E-CIGARETTES


ISRAELI TROOPS BATTLE HAMAS IN MAIN SOUTHERN GAZA CITY


NORTH DAKOTA GOV. DOUG BURGUM ENDS 2024 REPUBLICAN PRESIDENTIAL BID DAYS BEFORE
THE FOURTH DEBATE


GUINEA-BISSAU’S PRESIDENT ISSUES A DECREE DISSOLVING THE OPPOSITION-CONTROLLED
PARLIAMENT


‘PAST LIVES,’ ‘MAY DECEMBER’ AND ‘AMERICAN FICTION’ LEAD SPIRIT AWARD
NOMINATIONS


NCAA PRESIDENT CHARLIE BAKER CALLS FOR NEW TIER OF DIVISION I WHERE SCHOOLS CAN
PAY ATHLETES


BITCOIN HAS SURPASSED $41,000 FOR THE FIRST TIME SINCE APRIL 2022. WHAT’S BEHIND
THE PRICE SURGE?

PLACES

MOHEGAN BLUFFS FROM RODMAN'S HOLLOW, BLOCK ISLAND, RHODE ISLAND, JULY 2022.
(ADAM ANGIONE/COURTHOUSE NEWS)



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