Court dismisses 3rd lawsuit against hen cage law

A federal appeals court on Wednesday upheld a decision to dismiss a lawsuit by a farmer that challenged a law banning the inhumane confinement of egg-laying hens.

The 9th U.S. Circuit Court of Appeals affirmed the 2012 decision by a lower court to throw out the lawsuit by egg farmer William Cramer. Cramer's lawsuit said the law is unconstitutionally vague.

It's the third time courts have rejected lawsuits by egg farmers against California's landmark Proposition 2.

"We are thrilled that the court sided with the millions of California voters who supported this measure and chose to end extreme and reckless factory farming practices," said Jonathan Lovvorn, senior vice president and chief counsel for animal protection litigation for the Humane Society of the United States.

The initiative approved in 2008 bans the inhumane confinement of egg-laying hens, breeding pigs and veal calves in cages so small the animals cannot stretch their limbs, lie down or turn around.Since its passage, farmers have complained that the measure lacks specific language designating appropriate cage size and as a result puts them at risk of misdemeanor charges and fines up to $1,000.

In addition, they say they are on the hook for millions of dollars in upgrades but can't get bank loans without knowing whether new cages will be in compliance.

NY court: Argentina must disclose to US creditors

Argentina and various banks must reveal information about the nation's assets to U.S. bondholders who are owed about $1.5 billion, a federal appeals court said Tuesday, though the panel cautioned a judge that a sovereign state is entitled to grace and civility and some records may be off limits.
 
The ruling by a three-judge panel of the 2nd U.S. Circuit Court of Appeals gives a green light to lawyers for bondholders who refused to trade their holdings for bonds worth less than half as much after Argentina in 2001 defaulted on $100 billion of debt.

U.S. District Judge Thomas P. Griesa had allowed the lawyers to pursue records from Argentina and related entities, including banks.

The appeals court said his discretion over what must ultimately be turned over is delicate, especially when it affects Argentina's diplomatic and military affairs.

It said it might not be possible for Griesa to review documents regarding diplomatic or military issues on his own to determine if they are relevant. The appeals panel said he should be "effective and respectful" as he handles the sensitive aspects of the document review.

The ruling came after U.S. hedge funds that hold Argentina bonds won judgments requiring that they be paid. The hedge funds claim Argentina defaulted on $1.5 billion they are owed after moving assets far and wide to hide them from creditors.

Argentina said in court papers it is being harassed by the hedge funds.

It said the requests for information concern property and finances of the republic's military and diplomatic core, over 100 separate entities and top republic officials including its current and former presidents.

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Legislature heads to court on education finance

The Washington Supreme Court is marking the beginning of school with a mandatory assembly for the Legislature on education finance. The court has ordered lawmakers to come to court on Wednesday to explain why they haven't followed its orders to fix the way Washington pays for public education. Lawmakers, the governor and others say the court needs to be patient and give the Legislature more time to fulfil the orders in the 2012 McCleary decision. Thomas Ahearne, the attorney for the coalition that sued the state over education funding, says the Legislature has made so little progress toward meeting the goal that only more pressure from the court will make it happen. The McCleary decision said lawmakers are not meeting their constitutional responsibility to fully pay for basic education and they are relying too much on local tax-levy dollars to balance the education budget. The court commended the Legislature for passing some reforms in the K-12 system and for starting to pay for them. The McCleary decision orders the Legislature to finish paying for the reforms, which may add more than $4 billion to the state's biennial budget, according to some government estimates. The Legislature was given until the 2017-18 school year to fix the problem. Among the reforms awaiting payment: all-day kindergarten in every school; more instructional hours for high school students to help them earn 24 credits to graduate; pupil transportation fully supported by state dollars; a new formula for school staffing levels, smaller classes in the lower grades; and more state support for school equipment and supplies.

Washington high court to hear charter school case

The Washington Supreme Court has agreed to consider whether the state's voter-approved charter school law violates the state constitution. Oral arguments concerning the lawsuit brought by charter school opponents have been scheduled for the afternoon of Oct. 28. A King County Superior Court judge found in December that parts of the new law are unconstitutional. Judge Jean Rietschel's decision focused on whether certain taxpayer dollars can be used to pay for the operation of charter schools. Both sides asked the Supreme Court to skip the appeals court process and directly review the case. Attorney Paul Lawrence says the briefs to the court and the oral arguments will focus on that part of the lawsuit. The state's charter school system was approved by voters in 2012.