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A state Court of Appeals judge and a circuit court judge have emerged from a three-way primary and will face off in November for a seat on the Kentucky Supreme Court.

Louisville Mayor Greg Fischer has easily won the Democratic nomination in his pursuit of another term, and he'll be challenged by a Metro councilwoman in the general election.

Republican Angela Leet defeated Bob DeVore in Tuesday's primary election to move on to challenge Fischer in November. Fischer dominated a five-way Democratic primary in Kentucky's largest city. The issues they'll face include violent crime and economic development.

Debra Hembree Lambert, a member of the state Court of Appeals, received nearly twice as many votes in Tuesday's primary election as the second-place finisher — Daniel Ballou, a circuit judge for McCreary and Whitley counties.

The Supreme Court race is nonpartisan, and the two candidates with the most votes move on to the November election.

David Tapp, a circuit judge for Pulaski, Rockcastle and Lincoln counties, finished a close third behind Ballou.

The Supreme Court seat is currently held by Justice Daniel J. Venters, who is retiring at the end of his current term. The district includes 27 counties in southern and south-central Kentucky.



A bitter and expensive fight for an Arkansas Supreme Court seat that drew more than $1 million in outside spending and a flurry of attack ads will drag on for another six months, with an incumbent justice heading into a runoff in November against an attorney backed by an out-of-state Republican group.

Justice Courtney Goodson and David Sterling, the chief counsel for the state Department of Human Services, advanced to a runoff in the November election for the state's highest court in Tuesday's non-partisan judicial election. The two were the top candidates in a three-person race for Goodson's seat, with Appeals Court Judge Kenneth Hixson finishing third.

Goodson had faced a barrage of attack ads and mailers from the Judicial Crisis Network, a Washington group that had targeted her during her unsuccessful bid for chief justice two years ago. The group, which doesn't disclose its donors, spent more than $935,000 on TV ads bashing Goodson and Hixson, according to the Brennan Center for Justice, which tracks judicial campaign spending.

"Today was a huge victory for honest people who are fed up with the lies dark money is spreading about me," Goodson told The Associated Press Tuesday night.

The ads led to a court fight over whether they should be broadcast and Goodson said she planned to continue that legal battle. Days before the primary, a state judge ordered Little Rock area TV stations to stop airing one ad, while another judge said the spot could resume running in northwest Arkansas. Goodson has filed a similar lawsuit aimed at halting the lawsuits in the Fort Smith area. Some media and free speech advocates have opposed Goodson's lawsuits, saying judges should not decide what is broadcast during elections.

The ad that sparked the court fight criticizes Goodson over gifts received from donors and a pay raise the court requested last year. An Associated Press Fact Check of the ad found that some of its claims are misleading. The Judicial Crisis Network continued its criticism of Goodson Wednesday.

"The citizens of Arkansas want and deserve integrity on the state's Supreme Court - Justice Goodson can't run from her record of pay increases, favoritism and residing in a swamp of conflicts of interest," Carrie Severino, the group's chief counsel and policy director, said in a statement.

An Epic Supreme Court Decision on Employment

  Elite Lawyers  -   POSTED: 2018/05/23 12:48

False dichotomy, meretricious piety, and pay-no-attention-to-that-man-behind-the-curtain misdirection are vital arrows in the quiver of any lawyer or judge, no matter of what persuasion.

These tricks were on particularly egregious display in Epic Systems Corp. v. Lewis, a 5-4 decision announced Monday in which the Supreme Court’s conservative majority continued its drive to narrow protection for employee rights. (The opinion, written by Justice Neil Gorsuch, was joined by Chief Justice John Roberts and Justices Anthony Kennedy, Clarence Thomas, and Samuel Alito; the dissent, by Justice Ruth Bader Ginsburg, was joined by Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan.)

The issue in Epic Systems was this: Can an employer require its employees, as a condition of keeping their jobs, to submit to individual arbitration of wage-and-hour and other workplace-condition claims—not only without an option to go to court, but without an option to pursue even private arbitration in common with other employees making the same claim?

Employees’ objection to a “no group arbitration” clause is that individual arbitration may concern amounts too small to make pursuing them worthwhile. Thus, these clauses make it easier for employers to maintain unfair or even unlawful employment structures and salary systems.

The question required the court to interpret two federal statutes—the Federal Arbitration Act (1925) and the National Labor Relations Act (1935). The FAA says that “a written provision in a contract evidencing a transaction involving commerce” requiring the parties to arbitrate instead of litigate disputes “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.

The NLRA provides that “employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.

Begin with text: the NLRA states that it is designed to counter “inequality of bargaining power between employees who do not possess full freedom of association or actual liberty of contract and employers who are organized in the corporate or other forms of ownership association.” There is no language like this in the FAA. The best histories of the FAA’s adoption suggest that it was designed to efficiently settle disputes among merchants—business interests with comparable bargaining power.

The Act itself says it should not be read to affect “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” The sponsors stated during deliberations that it was not designed to cover labor agreements.



The Supreme Court agreed Monday to hear a challenge to Virginia's decades-old ban on uranium mining.

The state has had a ban on uranium mining in place since 1982, soon after the discovery of a massive uranium deposit in the state's Pittsylvania County. It's the largest known deposit in the United States and one of the largest in the world.

The owners of the deposit put its value at $6 billion and said it would be enough uranium to power all of the United States' nuclear reactors continuously for two years.

A few years after the deposit was discovered, the price of uranium plummeted and interest in mining it waned for about two decades. But after the price of uranium rebounded, the deposit's owners attempted between 2008 and 2013 to convince Virginia lawmakers to reconsider the ban. After that effort failed, they sued Virginia in federal court in 2015. The hope was that a court would invalidate the ban and clear the path for mining the uranium. Lower courts agreed with the state, however, and dismissed the lawsuit.

In asking the high court to take the case, the companies underscored the importance of uranium to the United States. Nuclear reactors powered by uranium generate about 20 percent of the electricity consumed in the United States, the companies say. Uranium also powers the nation's fleet of nuclear submarines and aircraft carriers. But 94 percent of the uranium the U.S. needs is imported, they said.

Turning the Virginia deposit into usable uranium would involve three steps. First, the uranium ore would have to be mined from the ground. The uranium would then need to be processed at a mill, where pure uranium is separated from waste rock. The waste rock, called "tailings," which remain radioactive, would then have to be securely stored.

The owners of the Virginia deposit argue that the state can regulate the uranium mining, the first step in the process, but not if the state's purpose in doing so is protecting against radiation hazards that arise from the second two steps. They say that's what motivated the state's ban. They argue the Atomic Energy Act gives federal regulators the exclusive power to regulate the radiation hazards of milling of uranium and of handling and storing the leftover tailings.



Calling it a “historic step” toward justice, the Palestinian foreign minister asked the International Criminal Court on Tuesday to open an “immediate investigation” into alleged Israeli crimes committed against the Palestinian people.

The development was sure to worsen the already troubled relations between the internationally backed Palestinian Authority and Israeli Prime Minister Benjamin Netanyahu’s government. Peace talks have been frozen for over four years, and contacts between the two sides are minimal.

Speaking to reporters at the ICC in The Hague, Netherlands, Palestinian Foreign Minister Riad Malki said he submitted the “referral” to the court during a meeting with the ICC’s chief prosecutor, Fatou Bensouda.

The referral sought an investigation into Israeli policies in the West Bank, east Jerusalem and Gaza Strip since the state of Palestine accepted the ICC’s jurisdiction in 2014, he said.

This includes Israeli settlement policies in the West Bank and east Jerusalem, as well as the recent round of bloodshed in the Gaza Strip, where Israeli fire killed over 100 Palestinians during mass protests along the Gaza border, Malki added.



The Supreme Court is asking Washington state's highest court to take another look at a land dispute between a Native American tribe and its neighbors.

The dispute concerns a roughly 40-acre plot of land purchased by the Upper Skagit Indian Tribe in 2013. A land survey convinced the tribe that a barbed wire fence between its land and land owned by Sharline and Ray Lundgren is in the wrong place. The tribe wanted to tear down the fence and build a new one in the right spot. The Lundgrens sued, but the tribe argued it was immune from suit.

The Washington Supreme Court sided with the Lundgrens. The Supreme Court ruled 7-2 Monday the court's reasoning was flawed and asked the court to take another look at the dispute. Native American tribe and its neighbors.

The dispute concerns a roughly 40-acre plot of land purchased by the Upper Skagit Indian Tribe in 2013. A land survey convinced the tribe that a barbed wire fence between its land and land owned by Sharline and Ray Lundgren is in the wrong place. The tribe wanted to tear down the fence and build a new one in the right spot. The Lundgrens sued, but the tribe argued it was immune from suit.

The Washington Supreme Court sided with the Lundgrens. The Supreme Court ruled 7-2 Monday the court's reasoning was flawed and asked the court to take another look at the dispute.



The Supreme Court says employers can prohibit their workers from banding together to dispute their pay and conditions in the workplace, an important victory for business interests.

The justices ruled 5-4 Monday, with the court's conservative members in the majority, that businesses can force employees to individually use arbitration, not the courts, to resolve disputes.

The outcome does not affect people represented by labor unions, but an estimated 25 million employees work under contracts that prohibit collective action by employees who want to raise claims about some aspect of their employment.

The result could prompt a new round of lawsuits aimed at limiting class or collective action to raise allegations of racial discrimination.

The Trump administration backed the businesses, reversing the position the Obama administration took in favor of employees.

The court's task was to reconcile federal laws that seemed to point in different directions. On the one hand, New Deal labor laws explicitly gave workers the right to band together. On the other, the older Federal Arbitration Act encourages the use of arbitration, instead of the courts.

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