Legal News Journal - Law Firm News - Lawyer News
Legal News Home page Click here to add this website to your favorites
  rss
Bar News Search >>>
Headline News - Legal News


Somewhere between the Republican caricature of the next justice of the Supreme Court as a folksy family guy and the Democrats' demonization of him as a cold-hearted automaton, stands Neil Gorsuch.

Largely unknown six months ago, Gorsuch has seen his life story, personality and professional career explored in excruciating detail since he was nominated by President Donald Trump 10 weeks ago.

The portrait that emerges is more nuanced than the extremes drawn by his supporters and critics.

Gorsuch is widely regarded as a warm and collegial family man, boss and jurist, loyal to his employees and kind to those of differing viewpoints. He also has been shown to be a judge who takes such a "rigidly neutral" approach to the law that it can lead to dispassionate rulings with sometimes brutal results.

Four times during his confirmation hearings, Gorsuch invoked a "breakfast table" analogy, telling senators that good judges set aside what they have to eat — and their personal views — before they leave the house in the morning to apply the law and nothing else to the facts of the cases at hand. It was all part of Gorsuch's artful effort to reveal as little as possible of his own opinions.


High Court Struggles Over Hospital Pension Dispute

•  Headline News     updated  2017/04/01 14:39

The Supreme Court seemed to struggle on Monday over whether some of the nation's largest hospitals should be allowed to sidestep federal laws protecting pension benefits for workers.

Justices considered the cases of three church-affiliated nonprofit hospital systems being sued for underfunding pension plans covering about 100,000 employees. But the outcome ultimately could affect the retirement benefits of roughly a million employees around the country.

The hospitals — Advocate Health Care Network, Dignity Health and Saint Peter's Healthcare System — say their pensions are "church plans" exempt from the law and have been treated as such for decades by the government agencies in charge. They want to overturn three lower court rulings against them.

Workers suing the health systems argue that Congress never meant to exempt them and say the hospitals are shirking legal safeguards that could jeopardize retirement benefits.

"I'm torn," Justices Sonia Sotomayor said at one point during the hour-long argument. "This could be read either way in my mind."

Justice Anthony Kennedy said the Internal Revenue Service issued hundreds of letters over more than 30 years approving the hospitals' actions. That shows they were "proceeding in good faith with the assurance of the IRS that what they were doing was lawful," he said.

The case could affect dozens of similar lawsuits over pension plans filed across the country.

Much of the argument focused on how to read a federal law that generally requires pension plans to be fully funded and insured. Congress amended that law in 1980 to carve out a narrow exemption for churches and other religious organizations.



An Oklahoma-based Native American tribe filed a lawsuit in its own tribal court system Friday accusing several oil companies of triggering the state's largest earthquake that caused extensive damage to some near-century-old tribal buildings.

The Pawnee Nation alleges in the suit that wastewater injected into wells operated by the defendants caused the 5.8-magnitude quake in September and is seeking physical damages to real and personal property, market value losses, as well as punitive damages.

The case will be heard in the tribe's district court with a jury composed of Pawnee Nation members.
"We are a sovereign nation and we have the rule of law here," said Andrew Knife Chief, the Pawnee Nation's executive director. "We're using our tribal laws, our tribal processes to hold these guys accountable."

Attorneys representing the 3,2 00-member tribe in north-central Oklahoma say the lawsuit is the first earthquake-related litigation filed in a tribal court. If an appeal were filed in a jury decision, it could be heard by a five-member tribal Supreme Court, and that decision would be final.

"Usually tribes have their own appellate process, and then, and this surprises a lot of people, there is no appeal from a tribal supreme court," said Lindsay Robertson, a University of Oklahoma law professor who specializes in Federal Indian Law.


A U.S. Supreme Court decision reviving a challenge to several Virginia legislative districts could send lawmakers back to the drawing board, but Republicans say they are confident the state's current electoral map will withstand further scrutiny.

The justices on Wednesday tossed out a ruling that upheld 11 districts in which African-Americans made up at least 55 percent of eligible voters and ordered the lower court to re-examine the boundaries. The lawsuit accused lawmakers of illegally packing black voters into certain districts to make surrounding districts whiter and more Republican.

Democrats say they're certain the lower court will find the districts unconstitutional and force lawmakers to redraw them. Marc Elias, an attorney for the Virginia voters who brought the case, said they will push for that to happen before the November elections.

"It's important that the people of the Commonwealth don't have to have another election using unconstitutional district lines, and we will move forward as quickly as possible to make sure we have constitutional and fair lines in place for the 2017 elections," Elias said.

The top Republican in the Virginia House, however, said he's confident that the current boundaries will stand.

Breaking Legal News  |  Headline News  |  Law Center  |  Legal Business  |  Court News  |  Law Firm News  |  Legal Interviews |  Political and Legal
Practice Focuses  |  Legal Spotlight  |  Events & Seminars  |  Legal Marketing  |  Court Watch  |  Immigration  |  Press Releases
International  |  Politics  |  Justice Stories  |  Web Design for Law Firms  |  Celebrity Courthouse
Law Promo's specialty is law firm web site design. Law Firm Web Design by Law Promo
© The Legal News Journal. All rights reserved.