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| NC officials: Fatal twister could have been worse By MIKE BAKER Associated Press Writer RALEIGH, N.C. (AP) - Amber Parker watched on television as the storm near her home grew into a tornado threat. Then, when the roaring wind outside suddenly fell silent, she grabbed her two toddlers and rushed to get under the stairwell. "We just got inside the door frame when I was pushed inside ... then everything went," said Parker, tears welling in her eyes as she described the chaotic scene during a brief discussion with reporters near her demolished home in central North Carolina. |
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| US Court of Appeals - Ninth Circuit |
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- WILLSTON BASIN v. AN EXCLUSIVE GAS STORAGE LEASEHOLD AND EASEMENT IN THE CLOVERLY SUBTERRANEAN GEOLOGICAL FORMATION [05/09]
Administrative Law, Civil Procedure, Injury And Tort Law, Oil & Gas Law, Property Law & Real Estate
In an action claiming that plaintiff has lost and is continuing to lose natural gas stored in its Elk Basin Storage Reservoir due to the operation of gas production wells owned by defendants, dismissal of the action is affirmed where: 1) the condemnation claim was properly dismissed, but on the ground that it failed to state a claim; 2) the district court did not abuse its discretion in declining to exercise supplemental jurisdiction over the state law claim; and 3) state law claims were properly dismissed for lack of subject matter jurisdiction. A natural gas company may not condemn additional property that is not specifically described in its existing certificate of public convenience and necessity (CPCN), even if the natural gas company seeks to acquire such property in order to operate and maintain an existing storage facility. - AIR LINE PILOTS v. NLRB [05/08]
Administrative Law, Aerospace & Defense, Civil Procedure, Contracts, Labor & Employment Law, Transportation
In proceedings arising after the NLRB brought a complaint alleging that, by attempting to enforce certain provisions of a collective bargaining agreement with DHL Airways, petitioner-pilots' association had committed unfair labor practices, the association's petition for review of a finding that its conduct violated the National Labor Relations Act is granted where, under the analysis of Brotherhood of Railroad Trainmen v. Jacksonville Terminal Co., 394 U.S. 369, the NLRB did not have jurisdiction over this Railway Labor Act dispute. - MENDEZ-MENDEZ v. MUKASEY [05/08]
Criminal Law & Procedure, Immigration Law, Sentencing
Petition for review of a dismissal of Mexican native's appeal from an IJ's order of removal is denied where: 1) because the statutory maximum term of imprisonment for petitioner's bribery offense was fifteen years, the petty offense exception to inadmissibility does not apply; and 2) the IJ did not violate his due process right to a full and fair hearing by unilaterally advancing the hearing date. The plain language of 8 U.S.C. section 1182(a)(2)(A)(ii)(II) indicates that the "maximum penalty possible" refers to the statutory maximum, not the maximum guideline sentence to which an alien was exposed.
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