courthousenews--2020-10-28--Scientists Discover Ancient Marine Predator With a Built-In Float

( CN ) — Scientists confirmed the discovery of a 240 million-year-old aquatic lizard with an affinity for shallow seas , where it used its short flat tail as a float while it hunted .
The lizard , named Brevicaudosaurus jiyangshanensis , was described in the Journal of Vertebrate Paleontology Wednesday as a Ladinian nothosauroid .
The genus Brevicaudosaurus comes from Latin meaning short-tail lizard .
The species name jiyangshanensis refers to the place where it was discovered : the Jiyangshan Quarry near the Huangnihe River in southwestern China ’ s Guizhou Province .
“ The new species we ’ @ @ @ @ @ @ @ hanging out near the bottom in shallow sea , using its short , flattened tail for balance , like an underwater float , allowing it to preserve energy while searching for prey , ” explained Qing-Hua Shang from Beijing ’ s Chinese Academy of Sciences in a statement .
“ Our analysis of two well-preserved skeletons reveals a reptile with a broad , pachyostotic ( denser boned ) body and a very short , flattened tail , ” Shang said .
Paleontologists from the Chinese Academy of Sciences and the Canadian Museum of @ @ @ @ @ @ @ .
Researchers estimate the 23-inch specimen to be fully grown , though judging by the unfused bones it may have been a young adult or juvenile .
With four sharp fangs among an unknown number of teeth and four flipper-like limbs , the carnivore likely hunted its prey along the bottom of the sea .
Like other aquatic reptiles from the Triassic period , B. jiyangshanensis had thickened bones , a process known as pachyostosis , which might have made the animal neutrally buoyant .
The short flat tail referenced in its name @ @ @ @ @ @ @ the water column .
Both of these attributes helped B. jiyangshanensisstabilize itself in the water — but slowed down its swimming speed .
“ Highly dense ribs , ” indicate B. jiyangshanensishad large lungs that allowed it to remain underwater for long periods of time between trips to the surface to breathe through snout nostrils .
Researchers found a surprise in the inner ear of B. jiyangshanensis .
Where researchers expected to find a thin bar-shaped bone called stapes , they instead found stapes that are long and thick , indicating this lizard @ @ @ @ @ @ @ underwater — another attribute needed to help a slow swimmer survive .
“ Perhaps this small , slow-swimming marine reptile had to be vigilante for large predators as it floated in the shallows , as well as being a predator itself , ” said the study ’ s co-author Xiao-Chun Wu from the Canadian Museum of Nature in a statement .
Researchers classified B. jiyangshanensisas a member of the extinct aquatic nothosauroid reptiles , recognized by their large powerful flippers that thrived in the Mesozoic seas .
While it appears the European pachypleurosaurs @ @ @ @ @ @ @ nothosauroidea and pistosauroidea , the exact relationships remain poorly understood .
With another piece of the puzzle in place , researchers hope this species helps test other ancient phylogenic relationships .

Scientists confirmed the discovery of a 240 million-year-old aquatic lizard with an affinity for shallow seas, where it used its short flat tail as a float while it hunted.
(CN) — Scientists confirmed the discovery of a 240 million-year-old aquatic lizard with an affinity for shallow seas, where it used its short flat tail as a float while it hunted.
The lizard, named Brevicaudosaurus jiyangshanensis, was described in the Journal of Vertebrate Paleontology Wednesday as a Ladinian nothosauroid.
The genus Brevicaudosaurus comes from Latin meaning short-tail lizard. The species name jiyangshanensis refers to the place where it was discovered: the Jiyangshan Quarry near the Huangnihe River in southwestern China’s Guizhou Province.
“The new species we’ve identified was probably better suited to hanging out near the bottom in shallow sea, using its short, flattened tail for balance, like an underwater float, allowing it to preserve energy while searching for prey,” explained Qing-Hua Shang from Beijing’s Chinese Academy of Sciences in a statement.
“Our analysis of two well-preserved skeletons reveals a reptile with a broad, pachyostotic (denser boned) body and a very short, flattened tail,” Shang said.
Paleontologists from the Chinese Academy of Sciences and the Canadian Museum of Nature in Ontario collaborated on this project.
Researchers estimate the 23-inch specimen to be fully grown, though judging by the unfused bones it may have been a young adult or juvenile.
With four sharp fangs among an unknown number of teeth and four flipper-like limbs, the carnivore likely hunted its prey along the bottom of the sea.
Like other aquatic reptiles from the Triassic period, B. jiyangshanensis had thickened bones, a process known as pachyostosis, which might have made the animal neutrally buoyant. The short flat tail referenced in its name also likely helped it maintain balance in the water column. Both of these attributes helped B. jiyangshanensisstabilize itself in the water — but slowed down its swimming speed.
An illustration of Brevicaudosaurus. (Art by Tyler Stone, BA '19, art and cinema; see his website https://tylerstoneart.wordpress.com)
“Highly dense ribs,” indicate B. jiyangshanensishad large lungs that allowed it to remain underwater for long periods of time between trips to the surface to breathe through snout nostrils.
Researchers found a surprise in the inner ear of B. jiyangshanensis. Where researchers expected to find a thin bar-shaped bone called stapes, they instead found stapes that are long and thick, indicating this lizard may have been able to hear well underwater — another attribute needed to help a slow swimmer survive.
“Perhaps this small, slow-swimming marine reptile had to be vigilante for large predators as it floated in the shallows, as well as being a predator itself,” said the study’s co-author Xiao-Chun Wu from the Canadian Museum of Nature in a statement.
Researchers classified B. jiyangshanensisas a member of the extinct aquatic nothosauroid reptiles, recognized by their large powerful flippers that thrived in the Mesozoic seas. While it appears the European pachypleurosaurs may be related to China’s nothosauroidea and pistosauroidea, the exact relationships remain poorly understood.
With another piece of the puzzle in place, researchers hope this species helps test other ancient phylogenic relationships.


courthousenews--2020-10-28--Scenes From an Election: Ballot Boxes, Flags, Middle Fingers

Squat and sturdy , the voting box sits under a tree next to the wide plaza in front of Pasadena ’ s City Hall .
Every few minutes , a person walks or drives up to it and pushes a ballot into its narrow slot .
As they come and go , it is as though they are pushing in their wishes for the next four years , wishes for a better time to come .
A woman in a mustard-yellow jacket , with leopard-print shoes , accompanied by her small dog , presses her mother ’ s ballot through @ @ @ @ @ @ @ the most important election in our lifetime , ” she says .
“ Our nation is in crisis.
” As to what the future holds , “ I ’ m scared shitless.
” Julianna Serrano works as a community outreach worker at All Saints , the Episcopalian church that stands just behind City Hall , a kind of temporal check on the worldly affairs taking place in the tiled , open halls of the city ’ s headquarters .
“ It ’ s our opportunity to turn things around as a nation , @ @ @ @ @ @ @ only go up from Trump.
” Things are quiet for a while at the voting box .
A curving-metal park bench is set invitingly a few feet behind it , in the shade .
But I stand in the afternoon sun with reporter ’ s ID around my neck , notepad in hand .
Then a young woman drives up in a small blue SUV .
Dressed also in blue , she walks over in ankle-height , black boots and pulls open the door to the voting box — it works much like @ @ @ @ @ @ @ ballot through the tight slot .
“ I think it ’ s very important , ” says Aeva Murtaugh , 23 , a graduate student at Fuller Theological Seminary a couple blocks away.
“ Because it ’ s obvious the two parties are very divided .
Depending on the outcome of the election , our country will eventually go in very different ways.
” Of the many propositions on California ’ s ballot , one of the most controverted is Proposition 22 which would exempt ride-hail drivers from the Democratic Legislature ’ s @ @ @ @ @ @ @ .
Murtaugh voted for it .
“ I DoorDash , ” she says .
Between classes and studies , she drives to make extra money .
She said her fellow DoorDashers were also in favor of the exemption .
“ I want to go work when I can.
” A few moments later , a young woman stops her car near the box .
With the most common surname in Korea , Brenda Yi , also 23 , is a college graduate looking for work in fashion .
She is elliptical in her @ @ @ @ @ @ @ “ I think it ’ s pretty obvious what it should be , ” she said .
“ Everybody is suffering from the current situation.
” Like almost everyone who stopped there , she thought well of the now-dominant method of voting in California — receiving a ballot in the mail , filling it out at home , and dropping it in a voting box .
“ I think it ’ s more accessible .
A lot of politicians make it seem like something it ’ s not , ” said Yi .
@ @ @ @ @ @ @ I can do it from home and I have access to information online.
” Then a young man in a fairly new black pickup arrives .
He sports a full , dark beard and wears a black baseball hat , brim backwards , and a black t-shirt .
I peg him for a likely Trump voter .
But he doesn ’ t want to comment .
“ No , thanks , man , ” he says in a friendly manner , holding up his hand palm outward .
Returning to the Courthouse News @ @ @ @ @ @ @ youngest employee tells me with a kind of wide-eyed enthusiasm that on her way home from work the day before , she saw a man standing on Fair Oaks , the main street running north-south through South Pasadena , waving an enormous , dark-blue flag .
“ It said ‘ Trump 2020.
’ It was a huge flag , like this big , ” she said , extending her hands as wide as they could go .
“ He was using both hands.
” But nobody honked .
“ Everybody was looking at @ @ @ @ @ @ @ , I ’ m not going to flip him off.
’ ” Another Courthouse News employee has just returned from a weekend in Carlsbad , a largely white beach community adjacent to the Marines ’ Camp Pendleton , where huge , light-blue Trump flags have flown from a few flagpoles for weeks .
She described a Saturday parade of beefy , shiny new pickups — the de rigueur mode of transport for much of the populace — rolling along the main avenue that runs next to a wide walkway overlooking the Pacific Ocean @ @ @ @ @ @ @ flags proudly flew .
To my surprise , she then recounted that a large number of those on the walkway extended a rigid middle finger toward the parade .
Moving to a redder part of the state , the town of Ramona sits astride Highway 78 , about 40 miles inland from Carlsbad .
For the last two elections , I have seen a long table loaded with Trump merchandise set up next to the main intersection of town .
But now the table and the merch are gone .
Instead , two @ @ @ @ @ @ @ .
One , a svelte woman with dark hair wearing a black baseball cap , rim forward , and dark glasses , is pushing her sign up and down over her head .
The sign is made of a big piece of whiteboard on which is written in large black letters , “ White Folks Against Trump.
” But another Courthouse News employee is a life-long Republican and voted enthusiastically for Trump four years ago .
“ He ’ s an idiot , ” she now says .
“ But let me explain @ @ @ @ @ @ @ is an overall idiot , he ’ s probably very intelligent .
But he is arrogant and responds out of emotion and says dumb crap all the time and attacks people without provocation.
” Nevertheless , she will vote for the president .
“ I never thought I would vote Democratic , I never have .
But I might , if they picked better people .
But I mean , c ’ mon , Biden and Kamala Harris , they tie your hands.
” Back at the ballot box in front of City @ @ @ @ @ @ @ Nicole Shade , 29 , gets out the passenger side to walk over and send her ballot into the pile of hopes and wishes building up in its dark interior .
She is studying speech pathology at California State University , Los Angeles , and was a journalism major as an undergraduate .
Trim and neatly dressed , she believes the Democratic candidate will prevail .
“ I think one of his first priorities will be the environment , because he and Obama worked a lot on that.
” She precisely ticks off @ @ @ @ @ @ @ : “ Income inequality , racial justice , women ’ s justice.
” Beset by fires and heat over the last months , this day in the San Gabriel Valley around Pasadena has turned into a mellow , crisp , fall afternoon .
As the afternoon light slants lower , the blue and yellow box set by the curb in front of City Hall has for this day functioned as a kind of votive box , a receptacle where anger washes into hope for the years to come in America .
For Shade @ @ @ @ @ @ @ future is clouded .
“ It ’ s too much for one guy , ” she said .
“ The past four years have been horrible for the America .
It ’ s only going to get worse .
”

As the election now seems to rush towards us, a sturdy, yellow box outside City Hall has become the collector of wishes, the holder of a collective wanting for better times.
Squat and sturdy, the voting box sits under a tree next to the wide plaza in front of Pasadena’s City Hall. Every few minutes, a person walks or drives up to it and pushes a ballot into its narrow slot.
As they come and go, it is as though they are pushing in their wishes for the next four years, wishes for a better time to come.
A woman in a mustard-yellow jacket, with leopard-print shoes, accompanied by her small dog, presses her mother’s ballot through the slot.
“It feels like the most important election in our lifetime,” she says. “Our nation is in crisis.”
As to what the future holds, “I’m scared shitless.”
Julianna Serrano works as a community outreach worker at All Saints, the Episcopalian church that stands just behind City Hall, a kind of temporal check on the worldly affairs taking place in the tiled, open halls of the city’s headquarters.
“It’s our opportunity to turn things around as a nation,” she says. “You can only go up from Trump.”
Things are quiet for a while at the voting box. A curving-metal park bench is set invitingly a few feet behind it, in the shade. But I stand in the afternoon sun with reporter’s ID around my neck, notepad in hand.
Then a young woman drives up in a small blue SUV. Dressed also in blue, she walks over in ankle-height, black boots and pulls open the door to the voting box — it works much like a postal box — and pushes her ballot through the tight slot.
“I think it’s very important,” says Aeva Murtaugh, 23, a graduate student at Fuller Theological Seminary a couple blocks away.“Because it’s obvious the two parties are very divided. Depending on the outcome of the election, our country will eventually go in very different ways.”
Of the many propositions on California’s ballot, one of the most controverted is Proposition 22 which would exempt ride-hail drivers from the Democratic Legislature’s imposition of employee status on gig workers. Murtaugh voted for it.
“I DoorDash,” she says. Between classes and studies, she drives to make extra money. She said her fellow DoorDashers were also in favor of the exemption. “I want to go work when I can.”
A few moments later, a young woman stops her car near the box. With the most common surname in Korea, Brenda Yi, also 23, is a college graduate looking for work in fashion. She is elliptical in her comments but their import is clear.
“I think it’s pretty obvious what it should be,” she said. “Everybody is suffering from the current situation.”
Like almost everyone who stopped there, she thought well of the now-dominant method of voting in California — receiving a ballot in the mail, filling it out at home, and dropping it in a voting box.
“I think it’s more accessible. A lot of politicians make it seem like something it’s not,” said Yi. “It’s more comfortable. I can do it from home and I have access to information online.”
Then a young man in a fairly new black pickup arrives. He sports a full, dark beard and wears a black baseball hat, brim backwards, and a black t-shirt. I peg him for a likely Trump voter. But he doesn’t want to comment.
“No, thanks, man,” he says in a friendly manner, holding up his hand palm outward.
Returning to the Courthouse News offices, four blocks away, our youngest employee tells me with a kind of wide-eyed enthusiasm that on her way home from work the day before, she saw a man standing on Fair Oaks, the main street running north-south through South Pasadena, waving an enormous, dark-blue flag.
“It said ‘Trump 2020.’ It was a huge flag, like this big,” she said, extending her hands as wide as they could go. “He was using both hands.”
But nobody honked. “Everybody was looking at him. I said, ‘Nope, I’m not going to flip him off.’”
Another Courthouse News employee has just returned from a weekend in Carlsbad, a largely white beach community adjacent to the Marines’ Camp Pendleton, where huge, light-blue Trump flags have flown from a few flagpoles for weeks.
She described a Saturday parade of beefy, shiny new pickups — the de rigueur mode of transport for much of the populace — rolling along the main avenue that runs next to a wide walkway overlooking the Pacific Ocean. From the parade of trucks Trump flags proudly flew.
To my surprise, she then recounted that a large number of those on the walkway extended a rigid middle finger toward the parade.
Moving to a redder part of the state, the town of Ramona sits astride Highway 78, about 40 miles inland from Carlsbad. For the last two elections, I have seen a long table loaded with Trump merchandise set up next to the main intersection of town. But now the table and the merch are gone.
Instead, two white women are holding up handwritten signs. One, a svelte woman with dark hair wearing a black baseball cap, rim forward, and dark glasses, is pushing her sign up and down over her head. The sign is made of a big piece of whiteboard on which is written in large black letters, “White Folks Against Trump.”
But another Courthouse News employee is a life-long Republican and voted enthusiastically for Trump four years ago. “He’s an idiot,” she now says. “But let me explain. I don’t think he is an overall idiot, he’s probably very intelligent. But he is arrogant and responds out of emotion and says dumb crap all the time and attacks people without provocation.”
Nevertheless, she will vote for the president. “I never thought I would vote Democratic, I never have. But I might, if they picked better people. But I mean, c’mon, Biden and Kamala Harris, they tie your hands.”
Back at the ballot box in front of City Hall, a sedan rolls up and Nicole Shade, 29, gets out the passenger side to walk over and send her ballot into the pile of hopes and wishes building up in its dark interior. She is studying speech pathology at California State University, Los Angeles, and was a journalism major as an undergraduate.
Trim and neatly dressed, she believes the Democratic candidate will prevail. “I think one of his first priorities will be the environment, because he and Obama worked a lot on that.”
She precisely ticks off her top issues for a new administration: “Income inequality, racial justice, women’s justice.”
Beset by fires and heat over the last months, this day in the San Gabriel Valley around Pasadena has turned into a mellow, crisp, fall afternoon. As the afternoon light slants lower, the blue and yellow box set by the curb in front of City Hall has for this day functioned as a kind of votive box, a receptacle where anger washes into hope for the years to come in America.
For Shade, though, her spyglass into the future is clouded. “It’s too much for one guy,” she said. “The past four years have been horrible for the America. It’s only going to get worse.”


courthousenews--2020-10-28--Biden Has 5-Point Edge Over Trump in Georgia Poll

No Democratic presidential candidate has won Georgia since 1992 and Trump carried the state by 5 percentage points four years ago .
ATLANTA ( CN ) — Democratic presidential nominee Joe Biden holds a 5-point lead over President Donald Trump in the traditionally Republican-leaning state of Georgia , according to a poll released Wednesday .
With just six days to go before Election Day , a Monmouth University poll of 504 registered Georgia voters conducted between Oct. 23 and 27 shows that 50 % support Biden compared to 45 % who favor Trump .
The poll ’ s margin of @ @ @ @ @ @ @ .
Over half ( 58 % ) of voters surveyed said they already cast their ballots during the Peach State ’ s early voting period , which began Oct. 12 .
Among that group , Biden holds a 55 % lead compared to 43 % for Trump .
However , the Republican incumbent has the lead among those who have yet to cast their ballots , polling at 48 % compared to 44 % for Biden .
“ Trump is likely to win the Election Day vote .
The question is by how @ @ @ @ @ @ @ of the independent Monmouth University Polling Institute , said in a statement Wednesday .
“ The Democratic voters left on the table at this point tend to be less engaged and thus harder to turn out .
So , it is still possible for Trump to make up his deficit in the early vote.
” Support for Biden remains unchanged in a Monmouth model forecasting high voter turnout levels , while support for Trump increased just 1 percentage point in that scenario – 50 % for Biden and 46 % for Trump .
@ @ @ @ @ @ @ Biden will come out ahead , although by a narrower margin – 50 % to 48 % for Trump .
Two percent of registered Georgia voters say they plan to vote for Libertarian Jo Jorgensen and another 2 % are undecided .
The poll represents a slight upward tick for Biden among Georgia voters since a Monmouth poll published in September showed Trump polling at 47 % compared to Biden ’ s 46 % .
But the former vice president still faces an uphill battle for Georgia ’ s 16 electoral votes .
@ @ @ @ @ @ @ state since 1992 and Trump carried Georgia by 5 percentage points in 2016 .
Looking to bolster his chances in the Peach State , Biden held a rally Tuesday in Warm Springs , a rural town 72 miles outside Atlanta .
He also spoke in the capital city later in the day .
Wednesday ’ s poll also shows Democrats taking the lead in two key U.S. Senate races that could help tip the balance in the chamber , throwing control to the Democrats .
Democrat Jon Ossoff leads incumbent Republican Senator David @ @ @ @ @ @ @ Senate election by 3 percentage points ( 49 % to 46 % ) and Democrat Raphael Warnock has the support of a plurality of registered voters ( 41 % ) in the special election for retired Republican Senator Johnny Isakson ’ s seat , which is currently held by GOP Senator Kelly Loeffler , who is polling at 21 % .
According to Monmouth ’ s high likely turnout modeling , Warnock holds onto his lead with 41 % support to Loeffler ’ s 22 % and Republican challenger Doug Collins ’ 19 @ @ @ @ @ @ @ , Warnock maintains his lead with 42 % support to Loeffler ’ s 22 % and Collins ’ 20 % .
Warnock has benefitted from the competition between Loeffler and Collins , who have repeatedly focused their attention on challenging each other ’ s loyalty to Trump .
“ The fight for a spot in the runoff has gotten nastier between the two GOP candidates .
And the main beneficiary appears to be the Democrat , ” Murray said .
The two Senate races will advance to runoffs in January 2021 if no @ @ @ @ @ @ @ on Election Day .

Democratic presidential nominee Joe Biden holds a 5-point lead over President Donald Trump in the traditionally Republican-leaning state of Georgia, according to a poll released Wednesday.
ATLANTA (CN) — Democratic presidential nominee Joe Biden holds a 5-point lead over President Donald Trump in the traditionally Republican-leaning state of Georgia, according to a poll released Wednesday.
With just six days to go before Election Day, a Monmouth University poll of 504 registered Georgia voters conducted between Oct. 23 and 27 shows that 50% support Biden compared to 45% who favor Trump. The poll’s margin of error is plus or minus 4.4%.
Over half (58%) of voters surveyed said they already cast their ballots during the Peach State’s early voting period, which began Oct. 12. Among that group, Biden holds a 55% lead compared to 43% for Trump.
However, the Republican incumbent has the lead among those who have yet to cast their ballots, polling at 48% compared to 44% for Biden.
“Trump is likely to win the Election Day vote. The question is by how much,” Patrick Murray, director of the independent Monmouth University Polling Institute, said in a statement Wednesday. “The Democratic voters left on the table at this point tend to be less engaged and thus harder to turn out. So, it is still possible for Trump to make up his deficit in the early vote.”
Support for Biden remains unchanged in a Monmouth model forecasting high voter turnout levels, while support for Trump increased just 1 percentage point in that scenario – 50% for Biden and 46% for Trump. A lower turnout model still predicts that Biden will come out ahead, although by a narrower margin – 50% to 48% for Trump.
Two percent of registered Georgia voters say they plan to vote for Libertarian Jo Jorgensen and another 2% are undecided.
The poll represents a slight upward tick for Biden among Georgia voters since a Monmouth poll published in September showed Trump polling at 47% compared to Biden’s 46%.
But the former vice president still faces an uphill battle for Georgia’s 16 electoral votes. No Democratic presidential candidate has won the state since 1992 and Trump carried Georgia by 5 percentage points in 2016.
Looking to bolster his chances in the Peach State, Biden held a rally Tuesday in Warm Springs, a rural town 72 miles outside Atlanta. He also spoke in the capital city later in the day.
Wednesday’s poll also shows Democrats taking the lead in two key U.S. Senate races that could help tip the balance in the chamber, throwing control to the Democrats.
Democrat Jon Ossoff leads incumbent Republican Senator David Perdue in Georgia’s regularly scheduled Senate election by 3 percentage points (49% to 46%) and Democrat Raphael Warnock has the support of a plurality of registered voters (41%) in the special election for retired Republican Senator Johnny Isakson’s seat, which is currently held by GOP Senator Kelly Loeffler, who is polling at 21%.
According to Monmouth’s high likely turnout modeling, Warnock holds onto his lead with 41% support to Loeffler’s 22% and Republican challenger Doug Collins’ 19%. In a low turnout scenario, Warnock maintains his lead with 42% support to Loeffler’s 22% and Collins’ 20%.
Warnock has benefitted from the competition between Loeffler and Collins, who have repeatedly focused their attention on challenging each other’s loyalty to Trump.
“The fight for a spot in the runoff has gotten nastier between the two GOP candidates. And the main beneficiary appears to be the Democrat,” Murray said.
The two Senate races will advance to runoffs in January 2021 if no candidate secures a majority of the vote on Election Day.


courthousenews--2020-10-28--US Makes an Arrest in 2008 Taliban Kidnapping of US Journalist

MANHATTAN ( CN ) — Over a decade after militants in Afghanistan kidnapped an American journalist and two colleagues at gunpoint , holding the trio hostage for nearly a year , U.S. authorities announced Wednesday that they have arrested and charged a onetime Taliban commander in the crime .
Filed in the Southern District of New York , the unsealed indictment charges Afghan national Haji Najibullah with six counts related to the 2008 kidnapping of Pulitzer Prize-winning American journalist David Rohde , Afghan journalist and interpreter Tahir Ludin , and their driver , Asad Mangal .
Najibullah , 44 , @ @ @ @ @ @ @ to commit hostage taking , kidnapping , conspiracy to commit kidnapping , and two counts of using and possessing a machinegun in furtherance of crimes of violence .
He faces a possible life sentence on each of the six counts .
“ The prosecution of Haji Najibullah shows that law enforcement will never stop in our mission to hold accountable those who commit violent crimes against American citizens , ” Acting U.S. Attorney Audrey Strauss said Wednesday .
Rohde was traveling with Ludin and Mangal to a meeting with a Taliban commander known @ @ @ @ @ @ @ Kabul in November 2008 when Najibullah and his co-conspirators , armed with AK-47 style machine guns , abducted the three men , the indictment states .
Five days later , around Nov. 15 , 2008 , the militant captors forced the three hostages to hike across the border from Afghanistan to the tribal areas of Pakistan , where Najibullah and his co-conspirators detained the hostages in Afghanistan and for seven months and 10 days .
According to the indictment , Najibullah forced the three captured men to record ransom videos begging for their @ @ @ @ @ @ @ escaped by climbing down a 20-foot wall on a rope while his captors were asleep after a late night of playing boardgames , detailed his experience of being held hostage by his Taliban in an October 2009 story for the Times .
Najibullah was arrested and transferred to the United States from Ukraine to face the charges in the indictment .
Where or when Najibullah was taken into custody remains unclear .
He will be presented at the Manhattan federal courthouse Wednesday afternoon before U.S. Magistrate Judge Ona T. Wang .
According to @ @ @ @ @ @ @ led a group described as a radical spinoff of the Taliban with a history of targeting journalists .
The complaint also names Timor Shah as co-defendant on the six counts .
“ Najibullah ’ s alleged reprehensible actions over a decade ago earned him a flight to the U.S. yesterday , ” FBI Assistant Director William F. Sweeney Jr. said this afternoon regarding the charges .
“ Today he arrived in U.S. federal court to face our justice system.
” John C. Demers , assistant attorney general for national security , acknowledged the @ @ @ @ @ @ @ reporting from foreign hotspots .
“ Journalists risk their lives bringing us news from conflict zones , and no matter how much time may pass , our resolve to find and hold accountable those who target and harm them and other Americans will never wane , ” Demers said Wednesday .
The case is assigned to U.S. District Judge Katherine Polk Failla .
In addition to his reporting at the Times , Rohde is also former reporter for Reuters and the Christian Science Monitor .
He is currently an executive editor of newyorker.com @

Over a decade after militants in Afghanistan kidnapped an American journalist and two colleagues at gunpoint, holding the trio hostage for nearly a year, U.S. authorities announced Wednesday that they have arrested and charged a onetime Taliban commander in the crime.
MANHATTAN (CN) — Over a decade after militants in Afghanistan kidnapped an American journalist and two colleagues at gunpoint, holding the trio hostage for nearly a year, U.S. authorities announced Wednesday that they have arrested and charged a onetime Taliban commander in the crime.
Filed in the Southern District of New York, the unsealed indictment charges Afghan national Haji Najibullah with six counts related to the 2008 kidnapping of Pulitzer Prize-winning American journalist David Rohde, Afghan journalist and interpreter Tahir Ludin, and their driver, Asad Mangal.
Najibullah, 44, is charged with hostage taking, conspiracy to commit hostage taking, kidnapping, conspiracy to commit kidnapping, and two counts of using and possessing a machinegun in furtherance of crimes of violence. He faces a possible life sentence on each of the six counts.
“The prosecution of Haji Najibullah shows that law enforcement will never stop in our mission to hold accountable those who commit violent crimes against American citizens,” Acting U.S. Attorney Audrey Strauss said Wednesday.
Rohde was traveling with Ludin and Mangal to a meeting with a Taliban commander known as Abu Tayeb for an interview outside Kabul in November 2008 when Najibullah and his co-conspirators, armed with AK-47 style machine guns, abducted the three men, the indictment states.
Five days later, around Nov. 15, 2008, the militant captors forced the three hostages to hike across the border from Afghanistan to the tribal areas of Pakistan, where Najibullah and his co-conspirators detained the hostages in Afghanistan and for seven months and 10 days.
According to the indictment, Najibullah forced the three captured men to record ransom videos begging for their lives at gunpoint.
Rohde, who escaped by climbing down a 20-foot wall on a rope while his captors were asleep after a late night of playing boardgames, detailed his experience of being held hostage by his Taliban in an October 2009 story for the Times.
FILE — This June 22, 2009 file photo shows Afghan journalist Tahir Ludin, who was held captive with New York Times reporter David Rohde, in his home in Kabul, Afghanistan, during an interview with The Associated Press. An Afghan man, Haji Najibullah, has been brought to the United States to face charges in the 2008 gunpoint kidnapping of a journalist for The New York Times and two other men in Afghanistan, federal authorities announced Wednesday, Oct. 28, 2020. (AP Photo/Rahim Faiez, File)
Najibullah was arrested and transferred to the United States from Ukraine to face the charges in the indictment. Where or when Najibullah was taken into custody remains unclear. He will be presented at the Manhattan federal courthouse Wednesday afternoon before U.S. Magistrate Judge Ona T. Wang.
According to a Times report from 2014, Najibullah led a group described as a radical spinoff of the Taliban with a history of targeting journalists.
The complaint also names Timor Shah as co-defendant on the six counts.
“Najibullah’s alleged reprehensible actions over a decade ago earned him a flight to the U.S. yesterday,” FBI Assistant Director William F. Sweeney Jr. said this afternoon regarding the charges. “Today he arrived in U.S. federal court to face our justice system.”
John C. Demers, assistant attorney general for national security, acknowledged the dangers that journalists like Rohde face when reporting from foreign hotspots.
“Journalists risk their lives bringing us news from conflict zones, and no matter how much time may pass, our resolve to find and hold accountable those who target and harm them and other Americans will never wane,” Demers said Wednesday.
The case is assigned to U.S. District Judge Katherine Polk Failla.
In addition to his reporting at the Times, Rohde is also former reporter for Reuters and the Christian Science Monitor. He is currently an executive editor of newyorker.com.


courthousenews--2020-10-29--Judge Orders Trump Administration to Reinstate Farmworker Wage Survey

FRESNO , Calif. ( CN ) — Likely preventing pay cuts to the thousands of U.S. farmworkers toiling through the pandemic , a federal judge on Wednesday squashed the Trump administration ’ s bid to halt a longstanding survey that determines the minimum wage for immigrant farmworkers .
Siding with the nation ’ s largest farmworker union , U.S. District Judge Dale Drozd agreed the Trump administration hastily postponed the Farm Labor Survey without a clear replacement .
Drozd ruled the survey is essential to setting a fair pay rate and ordered the U.S. Department of Agriculture to continue with @ @ @ @ @ @ @ avalanche of future labor lawsuits .
“ Because the Farm Labor Survey ‘ is the only timely and reliable source of information on the size of the farmworker population ’ legal consequences would flow from an inaccurate tabulation of wage rates , ” Drozd said in a ruling issued late Wednesday .
Last month , the USDA unceremoniously announced that it wouldn ’ t collect data for the November 2020 survey , halting a procedure that started in 1910 .
The brief 1-page announcement said the industry and the public could rely on @ @ @ @ @ @ @ The biannual survey taken each April and October is used to pinpoint the true size of the agricultural workforce and the hours put in by all workers on 35,000 farms and ranches .
The information is relayed to the Department of Labor , which then sets a prevailing wage and adverse effect wage rate , which determines the pay for approximately 92 % of the country ’ s immigrant farmworkers .
Critics blasted the decision and warned it would lead to massive pay cuts for workers making near or below state minimum wages @ @ @ @ @ @ @ protect the paychecks of hundreds of thousands of workers , California-based United Farm Workers sued the USDA and Secretary Sonny Perdue last month in federal court in Fresno .
The union argued the void left by the shuttered survey could lead to 5 % pay cuts for its California workers , 27 % in Oregon and nearly 50 % in Idaho .
It claims the Trump administration didn ’ t give the public a proper opportunity to contest the decision or give rationale for the controversial postponement .
“ How can Donald Trump @ @ @ @ @ @ @ in the U.S. , which means cutting wages by up to a quarter or a half in some states ?
” United Farm Workers president Teresa Romero said on Oct. 14 .
The United States has approximately 2.5 million farmworkers , many of whom receive assistance from the government or the United Farm Workers Foundation , a charitable arm of the union which has distributed 189,000 meals and over 27,000 food boxes to California farmworkers in 2020 .
During oral arguments , the union said the USDA clearly ignored the impact the decision @ @ @ @ @ @ @ popular H-2A temporary agricultural workers program .
The Trump administration countered it wasn ’ t mandated by Congress to collect the critical information and noted the survey was cancelled previously in 2007 and 2011 during budget crunches without public comment .
But Drozd , an Obama appointee , decided the survey was too important for the federal government to hastily abandon .
“ As plaintiffs note , defendants ’ cursory , one-page decision provides no indication that the USDA considered the impact on farmworker wages caused by its decision to eliminate the [ @ @ @ @ @ @ @ .
Along with granting the union ’ s motions for temporary restraining order and preliminary injunction , the judge derided the “ brevity and lack of detail ” provided by the defendants ’ witnesses .
Drozd was ultimately peeved by an admission from a senior member of the Department of Labor that the USDA gave it just 16 days-notice regarding the decision to abandon the survey .
“ It seems apparent based upon a fair reading of the Brian Pasternak declaration that this was not a fully coordinated action between the Department of @ @ @ @ @ @ @ the Department of Labor is now scrambling , ” Drozd highlights in footnotes .
The USDA did not immediately respond to a request for comment late Wednesday .
In the 28-page ruling , Drozd orders the Trump administration to return to the status quo .
The most recent survey results , released in May , reported 688,000 farmworkers during one week in April were paid $ 15.07 hourly on average , a 9 % increase over the previous year .
During his time in office , Secretary Perdue has advocated for lowering the @ @ @ @ @ @ @ how much farmworkers get paid state-by-state .
In his submitted declaration , Pasternak said the Department of Labor is in the process of altering the adverse effect wage process and will publish new rules by the end of the year .

Likely preventing pay cuts to the thousands of U.S. farmworkers toiling through the pandemic, a federal judge on Wednesday squashed the Trump administration’s bid to halt a longstanding survey that determines the minimum wage for immigrant farmworkers.
FRESNO, Calif. (CN) — Likely preventing pay cuts to the thousands of U.S. farmworkers toiling through the pandemic, a federal judge on Wednesday squashed the Trump administration’s bid to halt a longstanding survey that determines the minimum wage for immigrant farmworkers.
Siding with the nation’s largest farmworker union, U.S. District Judge Dale Drozd agreed the Trump administration hastily postponed the Farm Labor Survey without a clear replacement.
Drozd ruled the survey is essential to setting a fair pay rate and ordered the U.S. Department of Agriculture to continue with the next planned survey to prevent an avalanche of future labor lawsuits.
“Because the Farm Labor Survey ‘is the only timely and reliable source of information on the size of the farmworker population’ legal consequences would flow from an inaccurate tabulation of wage rates,” Drozd said in a ruling issued late Wednesday.
Last month, the USDA unceremoniously announced that it wouldn’t collect data for the November 2020 survey, halting a procedure that started in 1910. The brief 1-page announcement said the industry and the public could rely on “other data sources” instead.
The biannual survey taken each April and October is used to pinpoint the true size of the agricultural workforce and the hours put in by all workers on 35,000 farms and ranches.
The information is relayed to the Department of Labor, which then sets a prevailing wage and adverse effect wage rate, which determines the pay for approximately 92% of the country’s immigrant farmworkers.
Critics blasted the decision and warned it would lead to massive pay cuts for workers making near or below state minimum wages during the coronavirus pandemic.
Hoping to protect the paychecks of hundreds of thousands of workers, California-based United Farm Workers sued the USDA and Secretary Sonny Perdue last month in federal court in Fresno.
The union argued the void left by the shuttered survey could lead to 5% pay cuts for its California workers, 27% in Oregon and nearly 50% in Idaho. It claims the Trump administration didn’t give the public a proper opportunity to contest the decision or give rationale for the controversial postponement.
“How can Donald Trump justify slashing pay for all farm workers in the U.S., which means cutting wages by up to a quarter or a half in some states?” United Farm Workers president Teresa Romero said on Oct. 14.
The United States has approximately 2.5 million farmworkers, many of whom receive assistance from the government or the United Farm Workers Foundation, a charitable arm of the union which has distributed 189,000 meals and over 27,000 food boxes to California farmworkers in 2020.
During oral arguments, the union said the USDA clearly ignored the impact the decision would have on the core of the popular H-2A temporary agricultural workers program.
The Trump administration countered it wasn’t mandated by Congress to collect the critical information and noted the survey was cancelled previously in 2007 and 2011 during budget crunches without public comment.
But Drozd, an Obama appointee, decided the survey was too important for the federal government to hastily abandon.
“As plaintiffs note, defendants’ cursory, one-page decision provides no indication that the USDA considered the impact on farmworker wages caused by its decision to eliminate the [survey],” the ruling states.
Along with granting the union’s motions for temporary restraining order and preliminary injunction, the judge derided the “brevity and lack of detail” provided by the defendants’ witnesses.
Drozd was ultimately peeved by an admission from a senior member of the Department of Labor that the USDA gave it just 16 days-notice regarding the decision to abandon the survey.
“It seems apparent based upon a fair reading of the Brian Pasternak declaration that this was not a fully coordinated action between the Department of Labor and defendant USDA, and that the Department of Labor is now scrambling,” Drozd highlights in footnotes.
The USDA did not immediately respond to a request for comment late Wednesday.
In the 28-page ruling, Drozd orders the Trump administration to return to the status quo. The most recent survey results, released in May, reported 688,000 farmworkers during one week in April were paid $15.07 hourly on average, a 9% increase over the previous year.
During his time in office, Secretary Perdue has advocated for lowering the adverse effect wage rate that largely determines how much farmworkers get paid state-by-state. In his submitted declaration, Pasternak said the Department of Labor is in the process of altering the adverse effect wage process and will publish new rules by the end of the year.


Campus Speech

NEW ORLEANS — The Fifth Circuit revived a student free speech group ’ s First and Fourteenth Amendment challenges to @ @ @ @ @ campus speech regulations , which , among other types of speech , prohibit statements that @ @ @ @ @ “ chilling effect ” of the regulations is a sufficient injury for the student group @ @ @ @

The technical storage or access that is used exclusively for statistical purposes.
The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.


courthousenews--2020-10-29--Virginia Judge Throws Wrench in Post-Election Day Ballot Count

FREDERICK , Va. ( CN ) — A state judge has kneecapped recent changes to Virginia ’ s voting laws in a split decision released Wednesday that could allow some votes received after Election Day to not be counted .
The dispute started in the rural Virginia court of Frederick where local Board of Elections Chair Thomas Reed and Robert Hess were faced with an August rule change from the Virginia State Board of Elections .
The new rule allowed localities to accept ballots with illegible postmarks up to three days after Election Day .
State law , in the @ @ @ @ @ @ @ changed to allow for the mail-in ballots to be counted the following Friday as long as postmarks were on or before Election Day .
However , the rule change gave some wiggle room .
“ The missing or illegible postmark is not a material omission , ” the rule change from the state agency listed , extending the list of forgivable offenses that would otherwise disqualify a ballot .
But in an early October complaint filed with the Frederick Circuit Court , the two board members argued the rule change violated state law @ @ @ @ @ @ @ action item example , namely that a ballot that did not comply with [ state ] law can still be counted nullifies an explicit statute passed by the General Assembly and signed by the governor , ” plaintiffs argued , in the complaint authored by Christina Adams with the Alexandria-based Public Interest Legal Foundation .
And in a two-page opinion released Wednesday evening , Frederick Circuit Judge William Eldridge partially agreed with concerns lobbed from the local election officials , as first reported by the Associated Press .
While acknowledging Election Day being @ @ @ @ @ @ @ denied the request blocking absentee ballots with illegible postmarks as long as the secrecy ballot encompassing the actual ballot was signed before Election Day .
But he allowed ballots to be spoiled if their intelligent barcode tracking system failed to show they were mailed on or before Nov. 3 .
Two factors could impact the ballots in question .
First , a federal judge removed the ballot signature requirements claiming it disenfranchised those who were vulnerable to coronavirus , otherwise forcing them to come in contact with another person which could increase virus @ @ @ @ @ @ @ system employed by the state has a less than 90 % success rate , an issue first reported by Courthouse News earlier this month .
“ The law requires that [ Reed and Hess ] follow rules and regulations , ” said the Virginia Republican Party Chairman Rich Anderson in an email following the opinion .
“ I ’ m proud of Tom for standing up for the rule of law .
And I ’ m proud of Bob for bringing the Republican Party of Virginia to stand along Tom ’ s side @ @ @ @ @ @ @ , press secretary for Virginia Attorney General Mark Herring who defended the Board of Elections rule change , said the legal challenge was an attempt by conservatives to suppress the vote .
“ Herring has made voter protection and election integrity a top priority over the past few months and he remains dedicated to making sure that any legally cast vote in Virginia counts , ” she said in an emailed statement .
“ As Governor Ralph Northam advised , voters may consider utilizing a drop-box at this point so close to the @ @ @ @ @ @ @ on time and counted.
” Gomer said Herring was still “ weighing his options ” as to an appeal on the case .
Wednesday ’ s decision comes in the wake of a seemingly endless number of court decisions impacting the 2020 election .
Locally , Virginia Democrats recently sued the Board of Elections in the state ’ s Capitol , Richmond , over failing to provide spoiled ballot data .
Lawyers for the state party have since signaled a solution was in the works and oral arguments over the dispute have been @ @ @ @ @ @ @ relevant in the face of the U.S. Supreme Court weighing in on how ballots are counted after Election Day .
Wednesday played host to two decisions , one in North Carolina and one in Pennsylvania , both of which saw changes to election law , either by a state ’ s high court or a state agency .
Both , inline with a conservative outlook on federalist intervention in state law , were sustained for now .
But changes to Wisconsin ’ s election deadline , altered by a federal court , were @ @ @ @ @ @ @ While Herring debates an appeal , considering how the highest court in the land has ruled will undoubtedly impact his decision .
Virginians go to the polls Nov. 3 .

A state judge has kneecapped recent changes to Virginia’s voting laws in a split decision released Wednesday that could allow some votes received after Election Day to not be counted.
FREDERICK, Va. (CN) — A state judge has kneecapped recent changes to Virginia’s voting laws in a split decision released Wednesday that could allow some votes received after Election Day to not be counted.
The dispute started in the rural Virginia court of Frederick where local Board of Elections Chair Thomas Reed and Robert Hess were faced with an August rule change from the Virginia State Board of Elections.
The new rule allowed localities to accept ballots with illegible postmarks up to three days after Election Day. State law, in the wake of the coronavirus outbreak, was changed to allow for the mail-in ballots to be counted the following Friday as long as postmarks were on or before Election Day. However, the rule change gave some wiggle room.
"The missing or illegible postmark is not a material omission," the rule change from the state agency listed, extending the list of forgivable offenses that would otherwise disqualify a ballot.
But in an early October complaint filed with the Frederick Circuit Court, the two board members argued the rule change violated state law and should be nixed.
"The action item example, namely that a ballot that did not comply with [state] law can still be counted nullifies an explicit statute passed by the General Assembly and signed by the governor,” plaintiffs argued, in the complaint authored by Christina Adams with the Alexandria-based Public Interest Legal Foundation.
And in a two-page opinion released Wednesday evening, Frederick Circuit Judge William Eldridge partially agreed with concerns lobbed from the local election officials, as first reported by the Associated Press.
While acknowledging Election Day being only a week away, he still denied the request blocking absentee ballots with illegible postmarks as long as the secrecy ballot encompassing the actual ballot was signed before Election Day. But he allowed ballots to be spoiled if their intelligent barcode tracking system failed to show they were mailed on or before Nov. 3.
Two factors could impact the ballots in question.
First, a federal judge removed the ballot signature requirements claiming it disenfranchised those who were vulnerable to coronavirus, otherwise forcing them to come in contact with another person which could increase virus contact. Second, the intelligent barcode system employed by the state has a less than 90% success rate, an issue first reported by Courthouse News earlier this month.
"The law requires that [Reed and Hess]follow rules and regulations,” said the Virginia Republican Party Chairman Rich Anderson in an email following the opinion. “I'm proud of Tom for standing up for the rule of law. And I'm proud of Bob for bringing the Republican Party of Virginia to stand along Tom's side in this fight.”
But Charlotte Gomer, press secretary for Virginia Attorney General Mark Herring who defended the Board of Elections rule change, said the legal challenge was an attempt by conservatives to suppress the vote.
“Herring has made voter protection and election integrity a top priority over the past few months and he remains dedicated to making sure that any legally cast vote in Virginia counts,” she said in an emailed statement. “As Governor Ralph Northam advised, voters may consider utilizing a drop-box at this point so close to the election to ensure the ballot is received on time and counted.”
Gomer said Herring was still “weighing his options” as to an appeal on the case.
Wednesday's decision comes in the wake of a seemingly endless number of court decisions impacting the 2020 election.
Locally, Virginia Democrats recently sued the Board of Elections in the state’s Capitol, Richmond, over failing to provide spoiled ballot data. Lawyers for the state party have since signaled a solution was in the works and oral arguments over the dispute have been delayed.
Nationally, the decision is relevant in the face of the U.S. Supreme Court weighing in on how ballots are counted after Election Day.
Wednesday played host to two decisions, one in North Carolina and one in Pennsylvania, both of which saw changes to election law, either by a state’s high court or a state agency. Both, inline with a conservative outlook on federalist intervention in state law, were sustained for now.
But changes to Wisconsin's election deadline, altered by a federal court, were shut down earlier in the week.
While Herring debates an appeal, considering how the highest court in the land has ruled will undoubtedly impact his decision.
Virginians go to the polls Nov. 3.


Campaign Contributions

SAN FRANCISCO — The Ninth Circuit reversed Jose Susumo Azano Matsura and Ravneet Singh ’ s convictions for falsification of @ @ @ @ @ , Azano , a Mexican businessmen , and Singh , a political consultant were found @ @ @ @ @ relating to illegal campaign contributions .


Grazing Sheep

SAN FRANCISCO — The Ninth Circuit upheld a ruling against conservationists in their suit challenging the government ’ s grazing @ @ @ @ @ ’ s Centennial Mountains , finding the defendants adequately considered the effects the grazing will @ @ @ @ @ grizzly bears and humans .


courthousenews--2020-10-29--Lawsuit Seeks to Stop Trophy Hunters From Bringing Back Leopard Skins to US

TUCSON , Ariz. ( CN ) — U.S. regulations that let big game hunters import leopard trophies from four African nations violate U.S. law , because the government failed to show that hunting the big cats — which face declining habitat and other threats — would not put the species at risk , three non-profits said in a federal lawsuit Wednesday .
Leopard skins or other parts should not be allowed from Tanzania , Mozambique , Zambia , or Zimbabwe , according to the lawsuit from the Center for Biological Diversity , Humane Society of the United States , Humane @ @ @ @ @ @ @ a former safari guide and environmental journalist .
Federal law allows the U.S .
Fish & Wildlife Service to issue import permits only if the hunting would not harm the species , the plaintiffs said .
Because the leopard population in those southeastern African nations is being squeezed by predation from people , loss of habitat and poaching , the species is harmed by U.S. imports from the four countries , where basic data on leopard populations isn ’ t even available , the plaintiffs claimed .
The non-profits decried the practice in @ @ @ @ @ @ @ does not even have basic information about the number of animals left in the countries where they are being killed , ” said Laura Smythe , staff attorney at the Humane Society of the United States .
“ Despite this glaring lack of data , and without even considering many of the other threats to the species , the agency is arbitrarily deciding that allowing these imports will not harm the species.
” U.S. hunters , who import almost 300 leopard trophies per year , account for 52 % of all global leopard @ @ @ @ @ @ @ the release .
Populations in Africa have declined by 30 % in the past 23 years — especially in the nations named in the lawsuit — because of trophy hunting , ceremonial use and poaching , but the four nations named do not know the population of leopards within their borders , the 64-page lawsuit claims .
Without that information , U.S. government agencies can ’ t possibly know the trophy imports do not harm the species , the plaintiffs claimed .
“ Federal officials are dishing out leopard import permits right and @ @ @ @ @ @ @ how trophy hunting harms this highly imperiled species , ” said Tanya Sanerib , international legal director at the Center for Biological Diversity .
“ Regulations clearly require our government not to OK imports without adequate info about these splendid cats and all the ways humans are harming them.
” A spokesperson for the U.S .
Fish and Wildlife Service did not immediately respond to a request for comment Wednesday evening .

U.S. regulations that let big game hunters import leopard trophies from four African nations violate U.S. law, because the government failed to show that hunting the big cats — which face declining habitat and other threats — would not put the species at risk, three non-profits said in a federal lawsuit Wednesday.
TUCSON, Ariz. (CN) — U.S. regulations that let big game hunters import leopard trophies from four African nations violate U.S. law, because the government failed to show that hunting the big cats — which face declining habitat and other threats — would not put the species at risk, three non-profits said in a federal lawsuit Wednesday.
Leopard skins or other parts should not be allowed from Tanzania, Mozambique, Zambia, or Zimbabwe, according to the lawsuit from the Center for Biological Diversity, Humane Society of the United States, Humane Society International, and Ian Michler, a former safari guide and environmental journalist.
Federal law allows the U.S. Fish & Wildlife Service to issue import permits only if the hunting would not harm the species, the plaintiffs said.
Because the leopard population in those southeastern African nations is being squeezed by predation from people, loss of habitat and poaching, the species is harmed by U.S. imports from the four countries, where basic data on leopard populations isn’t even available, the plaintiffs claimed.
The non-profits decried the practice in a news release.
“The agency does not even have basic information about the number of animals left in the countries where they are being killed,” said Laura Smythe, staff attorney at the Humane Society of the United States. “Despite this glaring lack of data, and without even considering many of the other threats to the species, the agency is arbitrarily deciding that allowing these imports will not harm the species.”
U.S. hunters, who import almost 300 leopard trophies per year, account for 52% of all global leopard trophy trade, the center said in the release.
Populations in Africa have declined by 30% in the past 23 years — especially in the nations named in the lawsuit — because of trophy hunting, ceremonial use and poaching, but the four nations named do not know the population of leopards within their borders, the 64-page lawsuit claims.
Without that information, U.S. government agencies can’t possibly know the trophy imports do not harm the species, the plaintiffs claimed.
“Federal officials are dishing out leopard import permits right and left despite lacking the data to know how trophy hunting harms this highly imperiled species,” said Tanya Sanerib, international legal director at the Center for Biological Diversity. “Regulations clearly require our government not to OK imports without adequate info about these splendid cats and all the ways humans are harming them.”
A spokesperson for the U.S. Fish and Wildlife Service did not immediately respond to a request for comment Wednesday evening.


courthousenews--2020-10-29--Masks at Polling Places

Masks at Polling Places

NEW ORLEANS — The Fifth Circuit stayed a district court ’ s ruling that had found that an exemption in @ @ @ @ @ statewide face mask mandate , which exempted polling places , discriminated against Black and Latino @ @ @ @ @ void .


Halloween Warnings

MACON , Ga. — A federal court in Georgia ruled against registered sex offenders challenging the Butts County Sheriff ’ @ @ @ @ @ of placing warning signs outside of their homes before Halloween .
The signs , which @ @ @ @ @ addresses , do not violate plaintiffs ’ right to be free from compelled speech .


courthousenews--2020-10-29--Judge Denies Drivers’ Request to Shut Down Uber’s Prop 22 In-App Messages

SAN FRANCISCO ( CN ) — A judge will not compel Uber to inform drivers of their voting rights vis-à-vis Proposition 22 , a California ballot initiative that if passed would exempt the company from treating drivers as employees under California law .
In a class action filed against Uber last week , a group of drivers claimed Uber ’ s barrage of in-app messages urging them to vote for the ballot measure violated their right to a workplace free of political coercion .
They also feared that Uber would retaliate against them if they didn ’ t signal their @ @ @ @ @ @ @ Wednesday , San Francisco Superior Court Judge Richard Ulmer said the drivers ’ lawsuit came too late .
“ According to plaintiffs , Uber ’ s driver app campaign began in August , ” Ulmer wrote .
“ Why plaintiffs waited months to sue and seek injunctive relief is not explained , and such delay casts doubt on their case.
” David Lowe , an attorney with Rudy Exerod Zieff & Lowe who represents the drivers , said in an interview Wednesday that Uber stopped polling its drivers on Friday , the day @ @ @ @ @ @ @ That ’ s pretty great and I ’ m happy about that , ” Lowe said , adding that an Uber executive also promised in a sworn declaration that Uber would not retaliate against employees for opposing or not actively supporting Proposition 22 .
“ We accomplished two of the main goals of the lawsuit.
” But Uber fought against the drivers ’ request that the court order it to tell its drivers that they have the right to vote for or against Proposition 22 , or not vote at all .
In @ @ @ @ @ @ @ hearing in the case , Uber argued that such an order would be compelled political speech and a violation of the First Amendment .
” Plaintiffs can not silence speech by demanding ‘ emergency ’ relief , especially after they lay in wait for months while Uber shared this consistent message , as they admit .
Plaintiffs ’ last minute attempt to radically alter a months-long status quo by stifling core political speech on an issue of tremendous public concern is an affront to the First Amendment and the political process , ” @ @ @ @ @ @ @ Uber fought us tooth and nail on this issue , ” Lowe said .
“ It ’ s somewhat stunning to me that Uber takes the position that ‘ our First Amendment rights are violated if we have to tell our employees about the employees ’ own First Amendment rights.
’ ” Ulmer found the drivers ’ proposed temporary restraining order “ particularly repugnant to free speech rights , ” as it would require Uber to disseminate the plaintiffs ’ campaign-related messages .
He said such a request is a classic example of @ @ @ @ @ @ @ First Amendment rights too , ” Lowe said of Ulmer ’ s ruling .
“ By only focusing on Uber ’ s First Amendment rights and ignoring the drivers ’ First Amendment rights , the court simply elevated Uber ’ s rights over the employees ’ .
It allows Uber to have that concern linger in the drivers ’ heads as this election nears.
” Uber declined to comment on the ruling .
Though the election is just days away , Lowe said the case is not over .
The drivers are still @ @ @ @ @ @ @ violations under the Private Attorneys General Act .

A judge will not compel Uber to inform drivers of their voting rights vis-à-vis Proposition 22, a California ballot initiative that if passed would exempt the company from treating drivers as employees under California law.
SAN FRANCISCO (CN) — A judge will not compel Uber to inform drivers of their voting rights vis-à-vis Proposition 22, a California ballot initiative that if passed would exempt the company from treating drivers as employees under California law.
In a class action filed against Uber last week, a group of drivers claimed Uber’s barrage of in-app messages urging them to vote for the ballot measure violated their right to a workplace free of political coercion. They also feared that Uber would retaliate against them if they didn't signal their support.
But in a brief order Wednesday, San Francisco Superior Court Judge Richard Ulmer said the drivers’ lawsuit came too late.
“According to plaintiffs, Uber's driver app campaign began in August," Ulmer wrote. "Why plaintiffs waited months to sue and seek injunctive relief is not explained, and such delay casts doubt on their case.”
David Lowe, an attorney with Rudy Exerod Zieff & Lowe who represents the drivers, said in an interview Wednesday that Uber stopped polling its drivers on Friday, the day after the lawsuit was filed.
“That’s pretty great and I’m happy about that,” Lowe said, adding that an Uber executive also promised in a sworn declaration that Uber would not retaliate against employees for opposing or not actively supporting Proposition 22. “We accomplished two of the main goals of the lawsuit.”
But Uber fought against the drivers’ request that the court order it to tell its drivers that they have the right to vote for or against Proposition 22, or not vote at all.
In a brief submitted ahead of a Wednesday hearing in the case, Uber argued that such an order would be compelled political speech and a violation of the First Amendment.
”Plaintiffs cannot silence speech by demanding ‘emergency’ relief, especially after they lay in wait for months while Uber shared this consistent message, as they admit. Plaintiffs’ last minute attempt to radically alter a months-long status quo by stifling core political speech on an issue of tremendous public concern is an affront to the First Amendment and the political process,” Uber’s attorneys wrote.
“Uber fought us tooth and nail on this issue,” Lowe said. “It's somewhat stunning to me that Uber takes the position that ‘our First Amendment rights are violated if we have to tell our employees about the employees’ own First Amendment rights.'”
Ulmer found the drivers’ proposed temporary restraining order “particularly repugnant to free speech rights,” as it would require Uber to disseminate the plaintiffs’ campaign-related messages. He said such a request is a classic example of prior restraint.
"The employees have First Amendment rights too,” Lowe said of Ulmer’s ruling. “By only focusing on Uber’s First Amendment rights and ignoring the drivers’ First Amendment rights, the court simply elevated Uber’s rights over the employees’. It allows Uber to have that concern linger in the drivers’ heads as this election nears.”
Uber declined to comment on the ruling.
Though the election is just days away, Lowe said the case is not over. The drivers are still seeking to recover penalties for labor code violations under the Private Attorneys General Act.


courthousenews--2020-10-30--Biden Maintains Slight Lead in Florida, Two Polls Show

TALLAHASSEE , Fla. ( CN ) — Former Vice President Joe Biden continues to hold a narrow lead over President Donald Trump in Florida , according to two new polls of likely voters released Thursday .
Days ahead of the Nov. 3 presidential election , separate polls from Monmouth University and NBC News/Marist both show a stable race in the Sunshine State , with Biden clinging to a slight lead .
Marist pollsters , who in September found the candidates were tied in Florida at 48 % , said on Thursday that 51 % of likely voters now support Biden @ @ @ @ @ @ @ has a negative favorability rating among Floridians , trailing behind by 4 percentage points at 47 % .
Marist attributed Biden ’ s lead to several reasons , including an increased support among younger and senior voters .
“ Right now , Biden runs up the score among voters 65+ and independents , groups Trump carried in 2016 , ” Marist Director Lee Miringoff said in a statement on Thursday .
Among seniors , the poll shows Biden up by 7 points .
The Monmouth poll released on the same day , however @ @ @ @ @ @ @ divided , with 51 % for Trump and 47 % for Biden .
Biden ’ s favorability score , according to Marist , is 48 % compared to the 49 % of voters who view the Democrat negatively .
This figure is up slightly from his 46 % to 49 % rating in September .
Also in the Democrat ’ s favor is a whopping 84 % -14 % lead among Black voters in Florida .
“ Still , Trump keeps pace with Biden among Latino voters , ” Miringoff added , noting @ @ @ @ @ @ @ Trump “ lost badly last time.
” The last two presidential elections were decided by a single percentage point in the battleground state , with former President Barack Obama having won by a mere .9 percentage points in 2012 and former Trump rival Hillary Clinton losing in 2016 by 1 point .
Clinton had firmly secured Florida ’ s Latino vote during that election year with a 27-point lead .
But now , after months of courting this group of voters , the Republican candidate has the advantage with 52 % compared to @ @ @ @ @ @ @ Biden appears to be holding on to enough support among Latino voters and is potentially building a cushion with younger voters overall .
Trump needs to get a larger share of his base out to vote on Election Day in order to repeat his 2016 victory , ” said Patrick Murray , director of the independent Monmouth University Polling Institute .
His poll shows Biden leading 59 % to 39 % among those who have already voted , but Trump has a 53 % to 38 % edge when it comes to those @ @ @ @ @ @ @ .
Also using likely voter models , Monmouth University on Thursday put the race at 51 % for Biden and 45 % for Trump if this year brings a high voter turnout .
Fifty-nine percent of registered voters in the state say they have already cast their ballots .
Alongside several candidates on Florida ’ s ballot this year are multiple state amendments .
One is a measure to change the state ’ s primary system for state and local offices .
Monmouth says that 53 % of the state ’ s voters @ @ @ @ @ @ @ ’ primary format where the top two vote-getters advance to the general election regardless of party affiliation , while 30 % oppose this.
” The other amendment is a measure to raise the state ’ s minimum wage to $ 15 an hour in five years .
Sixty-three percent of registered voters said they support the measure compared to 32 % , who say they plan to vote against it .

Former Vice President Joe Biden continues to hold a narrow lead over President Donald Trump in Florida, according to two new polls of likely voters released Thursday.
TALLAHASSEE, Fla. (CN) — Former Vice President Joe Biden continues to hold a narrow lead over President Donald Trump in Florida, according to two new polls of likely voters released Thursday.
Days ahead of the Nov. 3 presidential election, separate polls from Monmouth University and NBC News/Marist both show a stable race in the Sunshine State, with Biden clinging to a slight lead.
Marist pollsters, who in September found the candidates were tied in Florida at 48%, said on Thursday that 51% of likely voters now support Biden.
The poll shows Trump, who has a negative favorability rating among Floridians, trailing behind by 4 percentage points at 47%.
Marist attributed Biden's lead to several reasons, including an increased support among younger and senior voters.
“Right now, Biden runs up the score among voters 65+ and independents, groups Trump carried in 2016,” Marist Director Lee Miringoff said in a statement on Thursday.
Among seniors, the poll shows Biden up by 7 points.
The Monmouth poll released on the same day, however, shows Florida’s senior vote divided, with 51% for Trump and 47% for Biden.
Biden’s favorability score, according to Marist, is 48% compared to the 49% of voters who view the Democrat negatively. This figure is up slightly from his 46% to 49% rating in September.
Also in the Democrat’s favor is a whopping 84%-14% lead among Black voters in Florida.
“Still, Trump keeps pace with Biden among Latino voters,” Miringoff added, noting that this is a voting demographic that Trump “lost badly last time.”
The last two presidential elections were decided by a single percentage point in the battleground state, with former President Barack Obama having won by a mere .9 percentage points in 2012 and former Trump rival Hillary Clinton losing in 2016 by 1 point.
Clinton had firmly secured Florida’s Latino vote during that election year with a 27-point lead.
But now, after months of courting this group of voters, the Republican candidate has the advantage with 52% compared to Biden’s 46%.
“Biden appears to be holding on to enough support among Latino voters and is potentially building a cushion with younger voters overall. Trump needs to get a larger share of his base out to vote on Election Day in order to repeat his 2016 victory,” said Patrick Murray, director of the independent Monmouth University Polling Institute.
His poll shows Biden leading 59% to 39% among those who have already voted, but Trump has a 53% to 38% edge when it comes to those who have not yet cast their ballots.
Also using likely voter models, Monmouth University on Thursday put the race at 51% for Biden and 45% for Trump if this year brings a high voter turnout.
Fifty-nine percent of registered voters in the state say they have already cast their ballots.
Alongside several candidates on Florida’s ballot this year are multiple state amendments. One is a measure to change the state’s primary system for state and local offices.
Monmouth says that 53% of the state’s voters “support adopting an open ‘jungle’ primary format where the top two vote-getters advance to the general election regardless of party affiliation, while 30% oppose this.”
The other amendment is a measure to raise the state’s minimum wage to $15 an hour in five years.
Sixty-three percent of registered voters said they support the measure compared to 32%, who say they plan to vote against it.


Top Eight

Your Thursday night briefing from the staff of Courthouse News Top eight CNS stories for today including three people were knifed to death in a terrorist attack in France ; The U.S. economy grew by a record 33.1 % annual rate in the third quarter ; Conservationists blasted California over its continued refusal to protect the endangered snowy plover , and more .
Sign up for the CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your inbox Monday through Friday .
1 . )
The U.S. economy grew by a record 33.1 @ @ @ @ @ @ @ , but there is still a long way to go before it is fully healed from the damage inflicted by the coronavirus pandemic .
2 . )
Environmentalists are gearing up for a court battle after the Trump administration booted gray wolves in the Lower 48 states from the endangered species list on Thursday .
3 . )
Democratic presidential candidate Joe Biden ’ s lead over President Donald Trump in the crucial battleground state of North Carolina has slipped slightly to a 3-point advantage , according to a poll released Thursday .
@ @ @ @ @ @ @ its continued refusal to protect the endangered snowy plover from being crushed by dune buggies and ATVs at Oceano Dunes State Park .
5 . )
Lobbing another hurdle at California ’ s $ 16 billion plan to tunnel underneath the West Coast ’ s largest estuary , environmentalists on Thursday sued to freeze public funding for the megaproject championed by Governor Gavin Newsom .
6 . )
Three people were knifed to death Thursday morning in and near a cathedral in the southern French city of Nice in what French authorities are @ @ @ @ @ @ @ . )
Saying the coronavirus has overwhelmed France , bringing it to the doorstep of a new wave of death , French President Emmanuel Macron has ordered France back into its second national lockdown , a major blow to Europe ’ s hopes for a speedy recovery from the pandemic .
8 . )
A Latvian child who needed open-heart surgery prevailed Thursday in a religious discrimination case against the country ’ s Ministry of Health , which refused to sign on off on letting him undergo the procedure in another country where @ @ @ @ @ @ @ transfusion .

Top eight CNS stories for today including three people were knifed to death in a terrorist attack in France; The U.S. economy grew by a record 33.1% annual rate in the third quarter; Conservationists blasted California over its continued refusal to protect the endangered snowy plover, and more.
Your Thursday night briefing from the staff of Courthouse News
Top eight CNS stories for today including three people were knifed to death in a terrorist attack in France; The U.S. economy grew by a record 33.1% annual rate in the third quarter; Conservationists blasted California over its continued refusal to protect the endangered snowy plover, and more.
Sign up for the CNS Top Eight, a roundup of the day’s top stories delivered directly to your inbox Monday through Friday.
National
1.) The U.S. economy grew by a record 33.1% annual rate in the third quarter, but there is still a long way to go before it is fully healed from the damage inflicted by the coronavirus pandemic.
Shoppers walk along Alamo Plaza in downtown San Antonio on Thursday, Aug. 6, 2020, ahead of the tax-free holiday weekend in Texas and nine other states. (Courthouse News photo/Erik De La Garza)
2.) Environmentalists are gearing up for a court battle after the Trump administration booted gray wolves in the Lower 48 states from the endangered species list on Thursday.
In this July 16, 2004, file photo, a gray wolf is seen at the Wildlife Science Center in Forest Lake, Minn. (Dawn Villella/AP)
3.) Democratic presidential candidate Joe Biden’s lead over President Donald Trump in the crucial battleground state of North Carolina has slipped slightly to a 3-point advantage, according to a poll released Thursday.
President Donald Trump arrives for a campaign rally at Gastonia Municipal Airport, Wednesday, Oct. 21, 2020, in Gastonia, N.C. (AP Photo/Evan Vucci)
Regional
4.) Conservationists blasted California over its continued refusal to protect the endangered snowy plover from being crushed by dune buggies and ATVs at Oceano Dunes State Park.
An adult snowy plover. (Photo courtesy Brian Sullivan / Macaulay Library)
5.) Lobbing another hurdle at California’s $16 billion plan to tunnel underneath the West Coast’s largest estuary, environmentalists on Thursday sued to freeze public funding for the megaproject championed by Governor Gavin Newsom.
Many Sacramento-San Joaquin Delta residents oppose plans by the state of California to build a tunnel under the estuary to divert water from the Sacramento River and send it to the south part of the state. (Nick Cahill / CNS)
International
6.) Three people were knifed to death Thursday morning in and near a cathedral in the southern French city of Nice in what French authorities are saying was a terrorist attack.
Police work behind a restricted zone near the Notre Dame church in Nice, southern France, after a knife attack took place on Thursday, Oct. 29, 2020. An attacker armed with a knife killed at least three people at a church in the Mediterranean city of Nice, prompting the prime minister to announce that France was raising its security alert status to the highest level. (AP Photo/Daniel Cole)
7.) Saying the coronavirus has overwhelmed France, bringing it to the doorstep of a new wave of death, French President Emmanuel Macron has ordered France back into its second national lockdown, a major blow to Europe’s hopes for a speedy recovery from the pandemic.
Commuters wearing face masks walk on the platform, of a Paris subway, Sunday Oct.25, 2020. A curfew intended to curb the spiraling spread of the coronavirus, has been imposed in many regions of France including Paris and its suburbs. (AP Photo/Lewis Joly)
8.) A Latvian child who needed open-heart surgery prevailed Thursday in a religious discrimination case against the country’s Ministry of Health, which refused to sign on off on letting him undergo the procedure in another country where he wouldn’t require a blood transfusion.


courthousenews--2020-10-29--California Courts Covid Update

California Courts Covid Update

Oct. 26 , 2020 : Extended hours on election day for election issues only , filings on Nov. 3 should @ @ @ @ @ 23 , 2020 : Launch of work group regarding homelessness and the pandemic


courthousenews--2020-10-29--Ninth Circuit Revives Labor Suit Over Apple Employee Bag Checks

SAN FRANCISCO ( CN ) — Apple must face claims that it stiffed thousands of California retail employees for time spent undergoing security bag checks , but the tech giant will get a second chance to argue that the time it takes to search bags is too trivial to matter .
The Ninth Circuit on Thursday amended its prior order reversing a federal judge ’ s November 2015 finding that retail employees were not entitled to pay for time spent having their bags checked by security guards .
The reversal came after the California Supreme Court ruled in February that @ @ @ @ @ @ @ , a decision prompted by the Ninth Circuit asking it to resolve that question .
On Thursday , a Ninth Circuit panel amended an opinion issued on Sept. 2 , which ordered a federal court to reconsider the matter .
The amended order clarifies that one of Apple ’ s defenses — that bag-check time was “ de minimus ” or too minor to matter — may still be fair game .
In its Sept. 2 decision , the three-judge Ninth Circuit panel found Apple failed to raise its “ de minimis ” @ @ @ @ @ @ @ for summary judgment in 2015 .
“ The argument is therefore forfeited , ” Senior U.S. District Judge Consuelo Marshall wrote for the three-judge panel .
Marshall , a Jimmy Carter appointee sitting on the panel by designation from the Central District of California , wrote the opinion on behalf of a unanimous three-judge panel .
On Sept. 17 , Apple filed a petition for an en banc rehearing , arguing the panel inserted a “ factual mistake ” in its opinion by wrongly declaring that the company “ forfeited ” its “ @ @ @ @ @ @ @ proceedings .
“ The record shows that Apple did raise and preserve this defense throughout the district court litigation , including in its answers to the various iterations of plaintiffs ’ complaints and a pre-certification motion for summary judgment , ” Apple wrote in its petition for an en banc rehearing .
Apple said U.S. District Judge William Alsup acknowledged the company ’ s right to raise that defense when he split the case into a two-phase trial plan so the question of whether workers are entitled to pay for bag-screening time could @ @ @ @ @ @ @ ’ s “ de minimis ” defense claims could be litigated in a potential Phase 2 .
“ The de minimis defense remains very much in play and was in no sense forfeited , ” the company argued .
Attorneys for the plaintiff class responded in an Oct. 9 brief that Apple failed to include evidence that it reserved the right to raise the “ de minimis ” defense in the record it provided to the Ninth Circuit on appeal .
Plaintiffs said Apple ’ s petition “ merely serves to further delay @ @ @ @ @ @ @ to compensation for all ‘ hours worked.
’ ” On Thursday , the three-judge panel resolved that dispute by issuing a correction .
It replaced one sentence stating that Apple forfeited the right to raise its “ de minimis ” defense with clarifying language .
“ It is unclear whether this issue was adequately raised in the district court , and the district court did not reach it , ” the panel wrote in its correction .
“ On remand , the parties may make their respective arguments about preservation of this issue @ @ @ @ @ @ @ court may consider those arguments in the first instance.
” U.S .
Circuit Judges Susan Garber , a Bill Clinton appointee , and Michelle Friedland , a Barack Obama appointee , joined Marshall on the panel .
The case will now return to Judge Alsup ’ s court for reconsideration .
Apple previously argued that its security-screening policy did not restrict employees ’ actions during searches and that workers could easily opt out by not bringing bags or iPhones to work .
In resolving the state law question in February , California Supreme @ @ @ @ @ @ @ ’ s position smacked of “ irony and inconsistency.
” She found Apple ’ s claim that bringing an iPhone to work was unnecessary for its employees “ directly at odds with its description of the iPhone as an ‘ integrated and integral ’ part of the lives of everyone else.
” The chief justice also found Apple wielded control over its workers by forcing them to find a manager or security guard before they could leave the store for lunch breaks or shift endings .
Workers also had to unzip or open @ @ @ @ @ @ @ commands of bag searchers to move things around in their bags and allow their Apple devices to be removed , inspected and verified during searches .
On remand , Judge Alsup must consider the state Supreme Court ’ s finding as he reevaluates both sides ’ motions for summary judgment in the seven-year-old labor class action .
In November 2015 , the plaintiff class included 12,000 current and former California Apple store employees .
Attorneys for Apple and the plaintiff class did not immediately reply to emails requesting comment Thursday .
Apple is @ @ @ @ @ @ @ and Todd Boyer of Baker & McKenzie .
Kimberly Ann Kralowec of Kralowec Law and Lee Shalov of Mclaughlin & Stern represent the plaintiff class .

Apple must face claims that it stiffed thousands of California retail employees for time spent undergoing security bag checks, but the tech giant will get a second chance to argue that the time it takes to search bags is too trivial to matter.
SAN FRANCISCO (CN) — Apple must face claims that it stiffed thousands of California retail employees for time spent undergoing security bag checks, but the tech giant will get a second chance to argue that the time it takes to search bags is too trivial to matter.
The Ninth Circuit on Thursday amended its prior order reversing a federal judge’s November 2015 finding that retail employees were not entitled to pay for time spent having their bags checked by security guards. The reversal came after the California Supreme Court ruled in February that workers should be paid for that time, a decision prompted by the Ninth Circuit asking it to resolve that question.
On Thursday, a Ninth Circuit panel amended an opinion issued on Sept. 2, which ordered a federal court to reconsider the matter. The amended order clarifies that one of Apple’s defenses — that bag-check time was “de minimus” or too minor to matter — may still be fair game.
In its Sept. 2 decision, the three-judge Ninth Circuit panel found Apple failed to raise its “de minimis” argument when opposing Apple employees’ motion for summary judgment in 2015.
“The argument is therefore forfeited,” Senior U.S. District Judge Consuelo Marshall wrote for the three-judge panel.
Marshall, a Jimmy Carter appointee sitting on the panel by designation from the Central District of California, wrote the opinion on behalf of a unanimous three-judge panel.
On Sept. 17, Apple filed a petition for an en banc rehearing, arguing the panel inserted a “factual mistake” in its opinion by wrongly declaring that the company “forfeited” its “de minimis” defense during previous court proceedings.
“The record shows that Apple did raise and preserve this defense throughout the district court litigation, including in its answers to the various iterations of plaintiffs’ complaints and a pre-certification motion for summary judgment,” Apple wrote in its petition for an en banc rehearing.
Apple said U.S. District Judge William Alsup acknowledged the company’s right to raise that defense when he split the case into a two-phase trial plan so the question of whether workers are entitled to pay for bag-screening time could be decided in Phase 1 and Apple’s “de minimis” defense claims could be litigated in a potential Phase 2.
“The de minimis defense remains very much in play and was in no sense forfeited,” the company argued.
Attorneys for the plaintiff class responded in an Oct. 9 brief that Apple failed to include evidence that it reserved the right to raise the “de minimis” defense in the record it provided to the Ninth Circuit on appeal. Plaintiffs said Apple’s petition “merely serves to further delay vindication of the class members’ right to compensation for all ‘hours worked.’”
On Thursday, the three-judge panel resolved that dispute by issuing a correction. It replaced one sentence stating that Apple forfeited the right to raise its “de minimis” defense with clarifying language.
“It is unclear whether this issue was adequately raised in the district court, and the district court did not reach it,” the panel wrote in its correction. “On remand, the parties may make their respective arguments about preservation of this issue and its merits, so the district court may consider those arguments in the first instance.”
U.S. Circuit Judges Susan Garber, a Bill Clinton appointee, and Michelle Friedland, a Barack Obama appointee, joined Marshall on the panel.
The case will now return to Judge Alsup’s court for reconsideration.
Apple previously argued that its security-screening policy did not restrict employees’ actions during searches and that workers could easily opt out by not bringing bags or iPhones to work.
In resolving the state law question in February, California Supreme Court Chief Justice Tani Cantil-Sakauye said Apple’s position smacked of “irony and inconsistency.” She found Apple’s claim that bringing an iPhone to work was unnecessary for its employees “directly at odds with its description of the iPhone as an ‘integrated and integral’ part of the lives of everyone else.”
The chief justice also found Apple wielded control over its workers by forcing them to find a manager or security guard before they could leave the store for lunch breaks or shift endings. Workers also had to unzip or open compartments in their bags, follow the commands of bag searchers to move things around in their bags and allow their Apple devices to be removed, inspected and verified during searches.
On remand, Judge Alsup must consider the state Supreme Court’s finding as he reevaluates both sides’ motions for summary judgment in the seven-year-old labor class action.
In November 2015, the plaintiff class included 12,000 current and former California Apple store employees.
Attorneys for Apple and the plaintiff class did not immediately reply to emails requesting comment Thursday.
Apple is represented by Julie Dunne of DLA Piper and Todd Boyer of Baker & McKenzie.
Kimberly Ann Kralowec of Kralowec Law and Lee Shalov of Mclaughlin & Stern represent the plaintiff class.