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Ruling ends court fight over merger of 2 school districts
Attorney Legal Opinions |
2020/02/04 19:30
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A court ruling is ending a legal fight over the voluntary merger of two school districts in south Mississippi.
The Mississippi Supreme Court ruled Thursday that opponents waited too long to file a lawsuit, the Hattiesburg American reported.
In April 2017, the Lumberton Public School District and the Lamar County School District voted to consolidate. The plan included some territory and affected some students in Pearl River County.
The Mississippi Board of Education approved the plan in June 2017, and the two districts consolidated in July 2018. Lamar County schools officials agreed to keep Lumberton schools open and have Lumberton students attend those schools. The officials also hired Lumberton teachers.
Pearl River County officials filed a lawsuit to oppose the Lamar and Lumberton merger. They aregued that students who live in Pearl River County should attend school in Pearl River County. A chancery judge ruled against the Pearl River County plaintiffs, and they appealed to the state Supreme Court. The consolidation remains in place. |
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Edwards takes treasurer to court over blocked fund transfer
Attorney Legal Opinions |
2020/02/03 19:33
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Gov. John Bel Edwards sued Louisiana's state treasurer Friday for blocking a $25 million fund transfer the governor and lawmakers earmarked for government operating expenses, asking the courts to settle who has ultimate authority over the dollars.
Republican state Treasurer John Schroder repeatedly said if the Democratic governor wanted to spend the unclaimed property dollars included in the state's budget, he'd have to take him to court. After months of disagreement, Edwards complied, filing the lawsuit requesting a judge to declare Schroder's actions are illegal.
Lawmakers appropriated the unclaimed property dollars in Louisiana's $30 billion-plus operating budget. But Schroder has refused to shift the money for spending, and he similarly blocked a $15 million fund transfer last year.
“He doesn't have the discretion not to abide by an appropriation that has been lawfully made by the Legislature,” the governor said ahead of the lawsuit's filing in Baton Rouge district court.
Louisiana collects unclaimed dollars from old savings accounts, payroll checks, stocks and dividends, insurance proceeds, oil royalty payments and utility deposits on behalf of residents. The treasurer's office, designated as custodian of the property, tries to locate people owed the cash and return the money.
Though governors and lawmakers for decades have spent money from the unclaimed property escrow account on programs and services, Schroder said he and his office's lawyers don't believe Louisiana law permits the transfers. |
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Court takes another look at Native American adoption law
Attorney Legal Opinions |
2020/01/22 16:14
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A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children was getting a second look Wednesday from a federal appeals court in New Orleans.
A three-judge panel of the 5th Circuit Court of Appeals in New Orleans upheld the Indian Child Welfare Act in August in a 2-1 ruling.
Opponents of the law ? including non-Indian families who have sought to adopt American Indian children ? sought and got a re-hearing. On Wednesday, the court's 16 active judges were expected to hear arguments.
A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children was getting a second look Wednesday from a federal appeals court in New Orleans.
A three-judge panel of the 5th Circuit Court of Appeals in New Orleans upheld the Indian Child Welfare Act in August in a 2-1 ruling.
Opponents of the law ? including non-Indian families who have sought to adopt American Indian children ? sought and got a re-hearing. On Wednesday, the court's 16 active judges were expected to hear arguments. |
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Supreme Court rejects fast-track review of health care suit
Attorney Legal Opinions |
2020/01/18 16:15
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The Supreme Court refused Tuesday to consider a fast-track review of a lawsuit that threatens the Obama-era health care law, making it highly unlikely that the justices would decide the case before the 2020 election.
The court denied a request by 20 mainly Democratic states and the Democratic-led House of Representatives to decide quickly on a lower-court ruling that declared part of the statute unconstitutional and cast a cloud over the rest.
Defenders of the Affordable Care Act argued that the issues raised by the case are too important to let the litigation drag on for months or years in lower courts, and that the 5th U.S. Circuit Court of Appeals in New Orleans erred when it struck down the health law's now toothless requirement that Americans have health insurance.
The justices did not comment on their order. They will consider the appeal on their normal timetable and could decide in the coming months whether to take up the case. |
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Supreme Court says Ginsburg released from hospital
Attorney Legal Opinions |
2019/11/26 12:59
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The Supreme Court says Justice Ruth Bader Ginsburg has been released from a Baltimore hospital where she had been treated for a possible infection.
The 86-year-old Ginsburg has returned to her home in Washington, D.C., and is “doing well,” court spokeswoman Kathy Arberg said Sunday. Ginsburg spent two nights at Johns Hopkins Hospital in Baltimore. She was taken there Friday after experiencing chills and fever.
The court says she received intravenous antibiotics and fluids and that her symptoms abated. Ginsburg has had four occurrences of cancer, including two in the past year. She had lung cancer surgery in December and received radiation treatment for a tumor on her pancreas in August.
She had a rare absence from a public session of the court in mid-November because of what the court said was a stomach bug. She was back on the bench the next time the justices met.
Her latest hospital stay began Friday, after the justices met in private to discuss pending cases. She was initially evaluated at Sibley Memorial Hospital in Washington before being transferred to Johns Hopkins for further evaluation and treatment of any possible infection.
Ginsburg has been on the court since 1993, appointed by President Bill Clinton. Only Justice Clarence Thomas has served longer among the current members of the court. |
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