Daily Bar News

Todays Date: Click here to add this website to your favorites
  rss
Bar News Search >>>
law firm web design
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C.
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Mass.
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
N.Carolina
N.Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
S.Carolina
S.Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
W.Virginia
Wisconsin
Wyoming


A federal appeals court has upheld the mask requirement for Knox County Schools.

A U.S. Court of Appeals for the 6th Circuit panel on Monday denied the school board’s request to pause the mask requirement while the issue is debated in court, the Knoxville News Sentinel reported.

U.S. District Judge J. Ronnie Greer ruled in September the school system must adopt a mask mandate to help protect children with health problems more susceptible to the coronavirus pandemic.

Knox County Schools argued virtual classes are a reasonable accommodation, but children attend at home and must be supervised.

“Like the district court, we are not persuaded that virtual schooling is a reasonable alternative to universal masking,” the appeals court wrote. The full appeal of the Knox County case will be heard at a later date, the newspaper reported.

Knox County adopted a mask mandate during the 2020-21 school year but chose not to this year despite COVID-19 numbers that remained high. Public health agencies say indoor mask-wearing is a key coronavirus-prevention tool.

Anchorage wins lawsuit over failed port construction

•  Court News     updated  2021/12/16 15:03


Anchorage has won its lawsuit with a federal agency over failed construction at the state’s largest port.

U.S. Court of Federal Claims Judge Edward J. Damich on Thursday found the U.S. Maritime Administration breached its 2003 and 2011 agreements with the Municipality of Anchorage over construction at the Port of Anchorage, KTUU-TV reported. The facility has since been renamed the Port of Alaska.

“It’s an enormous vindication of what we’ve been saying all along, and that’s basically that the federal government had control of this project and they didn’t perform — they messed it up,” assistant municipal attorney Robert Owens said.

In 2014, Anchorage filed a lawsuit against the maritime administration for more than $300 million over failed construction in the effort to replace deteriorating facilities and upgrade port infrastructure to meet increasing demands.

A nine-day trial was held last spring, at which the municipality argued the government’s 2003 and 2011 agreements required the agency to provide technical expertise to oversee, design and construct the expansion project “free of defect,” the court documents show.

The government countered that Anchorage was the party responsible for managing and executing the project, and the maritime administration didn’t breach any duties.

The judge sided with Anchorage, saying the federal agency failed to enforce its contractual duties or administer funds properly.

The amount of damages have not been awarded yet. Both sides have 10 days to submit arguments for what they believe the monetary award should be.

Anchorage Mayor Dave Bronson called the verdict a victory for Alaska.

“The Port of Alaska is a vital piece of infrastructure for all Alaskans, with roughly 90% of our population touched by goods that come through the Port,” Bronson said in a statement.

The municipality is working with the state and federal government to secure nearly $1.6 billion to repair the port, Bronson said.

An email sent Friday to the U.S. Maritime Administration seeking comment was not immediately returned.



The Supreme Court has rejected an appeal from a conservative think tank over Gov. Tony Evers’ decision to exclude the group’s writers from press briefings.

The justices acted without comment Monday, leaving in place lower court rulings that said the decision is legal.

The John K. MacIver Institute for Public Policy filed the lawsuit in 2019 alleging that Evers, a Democrat, violated its staffers’ constitutional rights to free speech, freedom of the press and equal access.

Former Gov. Scott Walker, a Republican, had joined in the institute’s bid for high-court review. Evers defeated Walker in 2018.

Last year, a federal judge rejected the group’s arguments, saying MacIver can still report on Evers without being invited to his press briefings or being on his email distribution list. The 7th U.S. Circuit Court of Appeals unanimously upheld that ruling in April.

Former Republican Gov. Scott Walker had urged the Supreme Court to take the case, arguing that the ruling in favor of Evers allows censorship because it permits picking and choosing which reporters attend press events that have long been open to reporters but closed to the general public.

The appeals court ruled that Evers’ media-access criteria was reasonable and he was under no obligation to grant access for every news outlet to every news conference.

MacIver had argued that Evers was excluding its staffers and violating their free speech rights because they are conservatives. Evers said they were excluded because they are not principally a news gathering operation and they are not neutral.

Evers’ spokeswoman Britt Cudaback did not immediately return a message Monday seeking comment on the Supreme Court’s decision. MacIver’s attorney Dan Suhr also did not immediately return a message.

MacIver covers legislative meetings and other events at the Capitol as well as some Evers news conferences. But the institute sued after being excluded from a media briefing Evers gave for reporters on his state budget proposal in 2019. Evers wasn’t present, but members of his administration provided information to reporters on embargo ahead of his budget speech to the Legislature that evening.

The appeals court noted that a limited number of reporters were allowed into the event. Reporters from The Associated Press, along with the Milwaukee Journal Sentinel and Wisconsin State Journal, were among those present for that briefing.

Former governors, including Walker, also limited the number of reporters and news outlets that could attend budget briefings and other events.

ⓒ Daily Bar News - All Rights Reserved.

The content contained on the web site has been prepared by Daily Bar News
as a service to the internet community and is not intended to constitute legal advice or
a substitute for consultation with a licensed legal professional in a particular case or circumstance.

Affordable Law Firm Website Design by Law Promo