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Court reinstates lawsuit over NYPD surveillance of Muslims
Law Firm News | 2015/10/14 00:41
A federal appeals court has reinstated a lawsuit challenging the New York Police Department's surveillance of Muslim groups following the Sept. 11, 2001, terrorist attacks.

Tuesday's 3rd Circuit Court of Appeals ruling reverses the decision of a New Jersey federal judge who dismissed the case last year.

The appellate panel found the Muslim plaintiffs had raised sufficient allegations of equal-protection violations to warrant the case going forward.

The judges compared the NYPD's alleged practices to blanket scrutiny of Japanese-Americans during World War II and blacks during the civil rights movement

The city blamed The Associated Press, whose reporting exposed the surveillance program, for any harm to the plaintiffs.

The lower court judge agreed with that argument, but the appeals panel said the city was the cause of any harm.


Suspect in some Phoenix freeway shootings pleads not guilty
Law Firm News | 2015/10/06 16:25
A man accused in some of the freeway shootings that put Phoenix drivers on edge for weeks pleaded not guilty Thursday as his defense lawyers questioned the strength of the evidence against him.

Attorneys for Leslie Allen Merritt Jr., 21, who was arraigned on 15 felony counts, including aggravated assault and carrying out a drive-by shooting, said outside court that the investigation by state police does not place him at the shooting scenes.

"We're going to work diligently to make sure that we investigate this fully, and we believe in his innocence," said Ulises Ferragut, one of Merritt's two attorneys.

Ferragut and attorney Jason Lamm also cited investigators' evolving timeline of the shootings. They plan to do their own investigation, looking into another person possibly admitting responsibility for any of the 11 shootings, Lamm said. They didn't identify that person or provide details.

"It's very, very early in the game to get hard confirmation on that," Lamm said.

Department of Public Safety investigators used ballistics tests to tie Merritt to four of the 11 shootings that occurred on Phoenix-area freeways between Aug. 22 and Sept. 10.


US appeals court upholds EPA plan to clean up Chesapeake Bay
Law Firm News | 2015/07/07 11:40
A U.S. appeals court has upheld a federal plan limiting pollution in the Chesapeake Bay despite objections from farmers who accuse the Environmental Protection Agency of abusing its power.

The ruling Monday upholds restrictions on farm and construction runoff and wastewater treatment and is a clear win for environmentalists.

Six states have agreed to the pollution limits: Delaware, Maryland, New York, Pennsylvania, Virginia and West Virginia, along with Washington, D.C.,

The American Farm Bureau Federation and others fought the restrictions. They argued that the EPA was usurping state authority to regulate waterways.

The EPA says animal waste and fertilizer that moves from streams into the Chesapeake is the single largest source of bay pollution.

Third Circuit Judge Thomas Ambro says Chesapeake Bay pollution is a complex problem that affects more than 17 million people.



Colorado court: Workers can be fired for using pot off-duty
Law Firm News | 2015/06/20 16:07
Pot may be legal in Colorado, but you can still be fired for using it.

The state Supreme Court ruled Monday that a medical marijuana patient who was fired after failing a drug test cannot get his job back. The case has big implications for employers and pot smokers in states that have legalized medical or recreational marijuana.

Colorado became the first state to legalize recreational pot in 2012. Though the case involves medical marijuana, the court's decision could also affect how companies treat employees who use the drug recreationally.

Brandon Coats is a quadriplegic who was fired by Dish Network after failing a drug test in 2010. The company agreed that Coats wasn't high on the job but said it has a zero-tolerance drug policy.

Courts in California, Montana and Washington state also ruled against medical marijuana patients fired for pot use.

Coats argued that his pot smoking was allowed under a Colorado law intended to protect employees from being fired for legal activities off the clock. Coats didn't use marijuana at work, and he wasn't accused of being high on the job. But pot's intoxicating chemical, THC, can stay in the system for weeks.


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