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Judge denies motions in WVU media rights laws
Legal Line News | 2013/08/26 11:41
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.


Lawyer asks Iowa court to reconsider sex bias case
Legal Line News | 2013/07/17 23:12
The attorney for a dental assistant fired after her boss became too attracted to her is asking for the Iowa Supreme Court to rule on the case for a third time.

The all-male court Friday dismissed a sex discrimination lawsuit filed by Melissa Nelson against Fort Dodge dentist James Knight, ruling her termination was lawful. It was the same outcome as the court's decision from December but a different rationale.

Nelson's attorney, Paige Fiedler, asked the court Tuesday to again reconsider the ruling and allow a trial. Fiedler says in a brief the justices wrongly concluded that Nelson had a "consensual personal relationship" with Knight that justified her firing.

Fiedler says a jury could conclude their relationship was ordinary, and she wouldn't have been fired but for her good looks.


Court rejects cat hoarders' appeal of convictions
Legal Line News | 2013/07/08 00:37
The Montana Supreme Court has denied the appeal of a northwestern Montana couple's conviction of aggravated cruelty to animals after 116 cats were found living in filthy, snowbound trailers.

The Daily Inter Lake reports the court announced the decision July 2 involving Edwin and Cheryl Criswell.

The cats were found in December 2010 and a jury the following year found the couple guilty. In October 2011 Cheryl Criswell received a two-year sentence deferred over six years. Edwin Criswell received a two-year suspended sentence but later violated his probation by testing positive for marijuana and methamphetamine. In January he was sentenced to two years in prison.

In September 2006, the Criswells entered Alford pleas to 10 counts of misdemeanor animal cruelty in northern Idaho in what officials then called the largest animal hoarding case in state history involving 430 animals.

In the Montana case, the Criswells contended they were wrongly convicted because during the trial Flathead County Deputy Attorney Ken Park called them "professional freeloaders," prejudicing the jury.



Wal-Mart pleads guilty in hazardous waste
Legal Line News | 2013/05/27 11:23
Wal-Mart Stores Inc. will pay $81.6 million after pleading guilty on Tuesday to criminal charges of improperly disposing of fertilizer, pesticides and other hazardous products that were pulled from stores in California and Missouri because of damaged packaging and other problems.

The retail giant entered the plea in federal court in San Francisco to misdemeanor counts of violating the Clean Water Act and another environmental law regulating pesticides. The fine also settled Environmental Protection Agency allegations.

In Kansas City, Mo., the company pleaded guilty to improperly handling pesticides.

The plea agreements ended a nearly decade-old investigation involving more than 20 prosecutors and 32 environmental groups that has cost Wal-Mart a total of $110 million.

Court documents show illegal dumping occurred in 16 California counties from Del Norte to Orange between 2003 and 2005. Federal prosecutors said the company didn't train its employees on how to handle and dispose hazardous materials at its stores.

The result, prosecutors say, was that waste was tossed into trash bins or poured into sewer systems. The waste also was improperly taken to one of several product return centers throughout the U.S. without proper safety documentation, authorities said.


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