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Court to hear dispute over state tax collection
Court News | 2014/05/30 14:38
The Supreme Court on Tuesday agreed to consider a dispute over how a state may tax the income that its residents earn in another state.

In a case that could affect how taxes are collected in every state, the justices will hear an appeal from Maryland officials who want to overturn a lower court ruling that found the state's tax law unconstitutional.

Maryland law allows residents to deduct income taxes paid to other states from their Maryland state tax. But it does not apply that deduction when it comes to a local "piggyback tax" the state collects for counties and some city governments.

Last year, the Maryland Court of Appeals said the tax violates the Constitution's Commerce Clause. The court said the law discourages Maryland residents from earning money outside the state.

Maryland Attorney General Douglas Gansler says the state has authority to tax all income of its residents, even income earned outside the state. He said the Court of Appeals' decision could cost local governments $45 million to $50 million annually and warned that Maryland might have to refund up to $120 million in taxes.


Suspect sought for death penalty appears in court
Court News | 2014/05/27 14:04
The suspect accused of kidnapping and killing a 15-year-old girl in Northern California has appeared in court for the first time since prosecutors say they are seeking the death penalty against him.

KTVU-TV reports that Antolin Garcia-Torres made a brief appearance in a Santa Clara County courtroom in San Jose on Friday.

It was the his first time since District Attorney Jeff Rosen announced he was seeking capital punishment against Garcia-Torres in the disappearance of Sierra LaMar.

Garcia-Torres is accused of killing the Morgan Hill girl who vanished while on her way to school in March 2012. He was arrested two months later, after authorities say they found Sierra's DNA in his car and his DNA in her handbag.


Justice Dept. to Reveal Drone Memo
Court News | 2014/05/23 13:17
On the eve of a critical Senate vote and under court order, the Obama administration signaled it will publicly reveal a secret memo describing its legal justification for using drones to kill U.S. citizens suspected of terrorism overseas.

Two administration officials told The Associated Press that the Justice Department has decided not to appeal a Court of Appeals ruling requiring disclosure of a redacted version of the memo under the Freedom of Information Act. The officials spoke on condition of anonymity because they were not authorized to speak publicly about the matter.

The decision to release the documents comes as the Senate is to vote Wednesday on advancing President Barack Obama's nomination of the memo's author, Harvard professor and former Justice Department official David Barron, to sit on the 1st U.S. Circuit Court of Appeals in Boston. Sen. Rand Paul, R-Ky., had vowed to fight Barron's confirmation, and some Democratic senators were calling for the memo's public release before a final vote.

Wednesday's expected procedural vote would allow the Senate to move ahead with a final vote on Barron on Thursday. "I think we'll be OK," Senate Majority Leader Harry Reid, D-Nev., said earlier Tuesday.

Anwar al-Awlaki, an al-Qaida leader born in the United States, was killed after being targeted by a drone strike in Yemen in September 2011. Some legal scholars and human rights activists complained that it was illegal for the U.S. to kill American citizens away from the battlefield without a trial.


Court: Ohio overcharged employers for years
Court News | 2014/05/16 14:50
The director of the state insurance fund for injured workers said Friday that he's disappointed with an unusually pointed appeals court decision that says the fund overcharged employers by hundreds of millions of dollars.

Steve Buehrer, Ohio Bureau of Workers' Compensation administrator and CEO, said the agency is considering its options.

Buehrer said he's pleased the court recognized that many businesses benefited from a program that put companies in group rating plans. But the court also said the plans resulted in nearly 300,000 companies being overcharged.

The 8th Ohio District Court of Appeals on Thursday said the plans amounted to an illegal rating system that resulted in employers being overcharged nearly $860 million over several years. It said the agency set up a system of winners and losers by giving discounted premiums to companies that joined group insurance plans and charging companies outside of the plans excessive rates to pay for the discounts.

"Reduced to its essence, this appeal is about a cabal of Ohio Bureau of Workers' Compensation bureaucrats and lobbyists for group sponsors who rigged workers' compensation insurance premium rates so that for employers who participated in the BWC's group rating plan, it was 'heads we win,' and for employers who did not participate in the group rating plan, it was 'tails you lose,'" the court said.

The court's unanimous ruling affects about 270,000 mostly small-business owners who paid non-group premiums from July 2001 to June 2009. Many are unaware they are covered by the class-action lawsuit that lead to the ruling.


Court orders Turkey to pay Cyprus over invasion
Court News | 2014/05/13 11:38

Europe's top human rights court on Monday ordered Turkey to pay 90 million euros ($123 million) to Cyprus over the 1974 invasion of the island and its subsequent division, in one of the largest judgments in its history.

The decision from the European Court of Human Rights said the passage of time did not erase responsibility in the case, ruling that Turkey must pay 30 million euros in damages to relatives of those missing in the operations and 60 million euros in damages for "the enclaved Greek-Cypriot residents of the Karpas peninsula."

Cyprus has been divided since Turkey invaded after a coup by supporters of union with Greece. Only Turkey recognizes the breakaway Turkish Cypriot state that was proclaimed in the north of the island.

The judgment comes as the Turkish and Greek Cypriot communities are engaged in a new effort to reunite the island.

The court said it would be up to the government of Cyprus to determine how to award the damages.



Casino law hinges on Massachusetts high court case
Court News | 2014/05/05 15:04
The fate of casino gambling in Massachusetts may hinge on a case before the state's highest court Monday.

The Massachusetts Supreme Judicial Court is set to hear arguments in a case centered on whether a question should be allowed on the November ballot asking voters if they want the state's 2011 casino law repealed. The court is expected to issue a decision by July.

If allowed on the ballot, the referendum could upend the state's ongoing casino licensing process.

Gambling giants MGM, Wynn, Mohegan Sun and others have expressed concern they could lose millions of dollars they've invested in the planning, development and promotion of their proposals if the referendum prevails. They also argue the state risks losing much more.

"Jobs certainty and billions of dollars in economic development hang in the balance," said Carole Brennan, a spokeswoman for MGM, which has proposed an $800 million casino project in downtown Springfield. "The Gaming Act allows for the creation of more than 10,000 jobs and the recapture of billions of dollars in tax revenues that are currently leaving the state. It doesn't make sense to forgo those opportunities."

State Attorney General Martha Coakley, a Democrat running for governor this year, has ruled that the question violates the state constitution and shouldn't be allowed on the ballot.


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