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Immigrant teen seeking abortion asks court to reconsider
Law & Court News |
2017/10/21 09:58
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Attorneys for a pregnant teen being held in a Texas immigration facility are asking a federal appeals court to reconsider its decision not to order the government to let her obtain an abortion.
Lawyers for the 17-year-old on Sunday asked the U.S. Court of Appeals for the District of Columbia to hold another hearing before all the judges on the court.
A three-judge panel ruled against the teen Friday, giving the government until Oct. 31 to find a sponsor to take in the teen so she could get an abortion on her own.
Her lawyers have accused federal officials of unlawfully restricting the teen's rights. But the U.S. Department of Health and Human Services says it has a policy of "refusing to facilitate" abortions for minors in its care. |
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Tennessee church shooting suspect due in court Monday
Topics in Legal News |
2017/10/20 09:58
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The man accused of fatally shooting one person and wounding six others at a Tennessee church is slated for a court appearance.
A preliminary hearing for 25-year-old Emanuel Kidega Samson is scheduled for Monday morning in front of a Davidson County general sessions judge.
Samson is charged with murder in the Sept. 24 slaying of a woman at Burnette Chapel Church of Christ in Nashville. Additional charges are expected. He's being held without bond.
An arrest affidavit says Samson waived his rights and told police he arrived armed and fired at Burnette. Police haven't determined a motive.
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Florida court sides with Gov. Scott in nursing home battle
Top Court Watch |
2017/10/19 09:58
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Florida Gov. Rick Scott has won the first round in a legal tug-of-war over his mandate that nursing homes and assisted living facilities install generators.
The 1st District Court of Appeal on Thursday rejected a legal challenge to emergency rules put in place by the Scott administration. A panel of judges split 2-1 over the challenge. The court has not yet issued a full opinion explaining the decision.
Groups that represent nursing homes and assisted living facilities asked the appeal court to review whether or not there was an emergency that warranted the rules. A separate legal challenge to the actual rules is still ongoing.
Scott issued his order after residents at the Rehabilitation Center at Hollywood Hills died in the days after Hurricane Irma wiped out power to much of South Florida. |
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Court weighing whether graffiti mecca was protected by law
Law & Court News |
2017/10/18 09:57
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For two decades, Jerry Wolkoff let graffiti artists use his crumbling Queens warehouse complex as a canvas for their vibrant works. Artists gave the spot the name "5Pointz" — a place where all five New York City boroughs come together — but painters traveled from as far as Japan and Brazil to tag, bomb and burn at what became a graffiti mecca and a tourist destination.
But like most graffiti, it didn't last. Wolkoff whitewashed the building in 2013 then tore it down to build luxury apartment towers.
Four years later, some of the artists whose work was destroyed are in court, arguing that even though the building belonged to Wolkoff, the art was protected by federal law.
A trial that started Tuesday at a federal court in Brooklyn will determine whether the artists should be compensated for the lost work.
More than 20 artists sued Wolkoff under the Visual Artists Rights Act, or VARA, a 1990 federal statute that protects artists' rights even if someone else owns the physical artwork.
A trial that started Tuesday at a federal court in Brooklyn will determine whether the artists should be compensated for the lost work.
More than 20 artists sued Wolkoff under the Visual Artists Rights Act, or VARA, a 1990 federal statute that protects artists' rights even if someone else owns the physical artwork.
Barry Werbin, an attorney specializing in intellectual property, said the case is significant because no lawsuit under the statute has been tried by a jury before. |
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Court, for now, blocks immigrant teen's access to abortion
Attorney Blog News |
2017/10/18 09:57
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An appeals court is blocking, for now, an abortion sought by a pregnant 17-year-old immigrant being held in a Texas facility, ruling that the government should have time to try to release her so she can obtain the abortion outside of federal custody.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia issued its ruling Friday hours after arguments from lawyers for the Trump administration and the teenager. The court ruled 2-1 that the government should have until Oct. 31 to release the girl into the custody of a sponsor, such as an adult relative in the United States. If that happens, she could obtain an abortion if she chooses. If she isn't released, the case can go back to court.
The judge who dissented wrote that the court's ruling means the teen will be forced to continue an unwanted pregnancy for "multiple more weeks."
The teen, whose name and country of origin have been withheld because she's a minor, is 15 weeks pregnant. She entered the U.S. in September and learned she was pregnant while in custody in Texas.
She obtained a court order Sept. 25 permitting her to have an abortion. But federal officials have refused to transport her or temporarily release her so that others may take her to have an abortion. A lower federal court ruled that she should be able to obtain an abortion Friday or Saturday, but the government appealed.
Federal health officials said in a statement that for "however much time" they are given they "will protect the well-being of this minor and all children and their babies" in their facilities. |
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