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NC Supreme Court again weighs Duke Energy rates
Legal Opinions | 2014/09/05 16:14
North Carolina's highest court is examining whether state utilities regulators correctly weighed the consumer impact of two rate increases for a Duke Energy operating unit.

The state Supreme Court was scheduled to hear arguments Monday in two lawsuits in which Attorney General Roy Cooper argues regulators didn't sufficiently consider the size of rate increases. The two rate cases involve Duke Energy Carolinas, a Duke Energy subsidiary serving customers in Durham and western North Carolina.

One case involves a 4.5 percent average increase approved last year for two years, growing to a 5.1 percent increase thereafter. The second involves a 7.2 percent rate increase originally approved in 2012. Consumers are already paying the higher rates.

Cooper appealed the 2012 rate increase and the Supreme Court last year ordered the North Carolina Utilities Commission to reconsider its size in light of its effect on customers. The commission did, but came to the same conclusion.

Cooper's staff attorneys argued in court filings that regulators didn't really make the findings of fact about the effect of changing economic conditions on customers required by the Supreme Court in last year's ruling.


Coast Guardsman guilty in sexual misconduct case
Legal Opinions | 2014/03/10 15:30
Coast Guard officials in New Orleans say a petty officer has been convicted and sentenced on charges involving sexual assault and possession of child pornography.

Petty Officer 2nd Class Christopher C. Bush's court martial was held in Norfolk, Va.

A Coast Guard news release said the 28-year-old Bush was convicted Friday on four violations of a Uniform Code of Military Justice article dealing with rape and sexual assault and one involving child pornography.

The crimes involved a junior Coast Guard woman and a civilian woman. They happened between January 2010 and May 2013 while Bush was stationed at a unit in New Orleans. The Coast Guard said it was not releasing the name of the unit to protect the privacy of the victims.


Supreme Court Rules Against Steelworkers' Claim
Legal Opinions | 2014/01/30 15:36
The Supreme Court says steelworkers do not have to be paid for time they spend putting on and taking off protective gear they wear on the job.

The court was unanimous Monday in ruling in favor of United States Steel Corp. over workers' claims that they should be paid under the terms of federal labor law for the time it takes them to put on flame-retardant jackets and pants, safety glasses, earplugs, hardhats and other equipment.

Justice Antonin Scalia said for the court that the labor agreement between the company and the workers' union says the employees don't get paid for time spent changing clothes. Scalia said most of the items count as clothing. He said earplugs, glasses and respirators are not clothing, but take little time to put on.


Sands asks Nev. court to overturn documents ruling
Legal Opinions | 2013/10/11 10:56
Nevada's highest court is weighing arguments put forward by casino giant Las Vegas Sands Corp. and disgruntled former Sands executive Steven Jacobs.

The two have been embroiled in a court battle since Jacobs filed a wrongful termination suit in 2010 and accused Sands of a multitude of misdeeds, including doing business with known gangsters and making inappropriate payments to an attorney who was also a Macau lawmaker.

On Wednesday, Jacobs' attorneys asked the Nevada Supreme Court to overturn a decision by a district judge throwing out his defamation suit against Sands CEO Sheldon Adelson.

Sands asked the court to overturn decisions made by the same district judge regarding disclosure of evidence.

After Jacobs filed his suit, Adelson told the Wall Street Journal that his former employee was fired for cause. Adelson added that Jacobs was attempting to explain the termination "by using outright lies and fabrications."

Jacobs, who worked in Macau for the Sands subsidiary Sands China Ltd., responded by amending his original suit to accuse Adelson of knowingly spreading harmful falsehoods.


Judge denies motions in WVU media rights laws
Legal Opinions | 2013/08/26 11:51
A judge has denied several motions to dismiss West Virginia Radio Corp.'s lawsuit over how West Virginia University awarded a media rights contract for sporting events.

Judge Thomas Evans on Monday rejected requests by WVU Board of Governors, the WVU Foundation and other parties to dismiss the lawsuit in Monongalia County Circuit Court. The motions were based on arguments that West Virginia Radio had failed to make a case for fraud and a violation of public procurement laws. Evans ruled these are important public policy matters and need to be heard.

The network wants Evans to stop WVU from finalizing a 12-year contract with North Carolina-based IMG College.

The judge also is hearing arguments on West Virginia Radio's motion to block the deal and reset the clock to June.


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