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Hawaii power utility takes responsibility for first fire on Maui
Attorney News | 2023/08/28 21:32

Hawaii’s electric utility acknowledged its power lines started a wildfire on Maui but faulted county firefighters for declaring the blaze contained and leaving the scene, only to have a second wildfire break out nearby and become the deadliest in the U.S. in more than a century.

Hawaiian Electric Company released a statement Sunday night in response to Maui County’s lawsuit blaming the utility for failing to shut off power despite exceptionally high winds and dry conditions. Hawaiian Electric called that complaint “factually and legally irresponsible,” and said its power lines in West Maui had been de-energized for more than six hours before the second blaze started.

In its statement, the utility addressed the cause for the first time. It said the fire on the morning of Aug. 8 “appears to have been caused by power lines that fell in high winds.” The Associated Press reported Saturday that bare electrical wire that could spark on contact and leaning poles on Maui were the possible cause.

But Hawaiian Electric appeared to blame Maui County for most of the devastation — the fact that the fire appeared to reignite that afternoon and tore through downtown Lahaina, killing at least 115 people and destroying 2,000 structures.

Neither a county spokesperson and nor its lawyers immediately responded to a request for comment early Monday about Hawaiian Electric’s statement.

The Maui County Fire Department responded to the morning fire, reported it was “100% contained,” left the scene and later declared it had been “extinguished,” Hawaiian Electric said.

Hawaiian Electric said its crews then went to the scene to make repairs and did not see fire, smoke or embers. The power to the area was off. Around 3 p.m., those crews saw a small fire in a nearby field and called 911.

Hawaiian Electric rejected the basis of the Maui County lawsuit, saying its power lines had been de-energized for more than six hours by that time, and the cause of the afternoon fire has not been determined.


Opponents of Maine’s new abortion law won’t seek to nullify it
Attorney News | 2023/08/14 17:21

Groups opposed to Maine’s new law expanding abortion access won’t attempt to nullify the statute through a so-called People’s Veto referendum.

Republican Rep. Laurel Libby, leader of the Speak Up for LIFE group, said Wednesday that allies have decided to focus their resources on electing candidates who are opposed to abortions instead of collecting signatures and running a referendum campaign.

“At the end of the day, we want to put our effort into the most effective place possible,” Libby, a Republican from Auburn, told The Associated Press. That means flipping legislative seats, she said, particularly in the Maine House.

Wednesday marked the deadline to notify state officials of a People’s Veto, a constitutional provision allowing citizens to repeal legislation through a statewide vote. To move forward, more than 67,000 signatures would have been needed.

Mills presented the bill expanding abortion access after a Yarmouth woman came forward with her story about having to travel to Colorado for an abortion after learning at week 32 of her pregnancy that her unborn son had a fatal condition that would not allow him to survive.

Critics said the law’s language was broader than necessary if the goal was simply to allow abortions in instances of a fatal fetal anomaly later in a pregnancy. They also said the bill put too much power in the hands of doctors.

Passage was considered a foregone conclusion in the Legislature where Democrats controlled both chambers, and there were enough co-sponsors to ensure passage. But the vote was close in the House after emotional testimony.

Beside Maine, six states leave the decision to get an abortion to doctors and their patients, without restrictions. They are Alaska, Colorado, New Jersey, New Mexico, Oregon and Vermont, plus Washington, D.C.


Russian court imposes 3- to 6-year sentences for distributing tainted drinks
Attorney News | 2023/08/07 20:25

A Russian court on Monday sentenced seven defendants to as little as three years in prison for distributing methanol-tainted drinks that killed 44 people.

The court in Yekaterinburg, Russia’s fourth-largest city, convicted the seven of charges including sale of goods that do not meet safety requirements and result in the deaths of two or more people; sentences ran from three to six years.

Prosecutors said the seven had illegally sold alcohol since 2020 and that in 2021 they sold drinks containing excessive amounts of methanol, which is commonly used as a solvent. A total of 51 people were sickened by the drinks, of whom 44 died.


Diversify or die: San Francisco’s downtown is a wake-up call for other cities
Attorney News | 2023/07/17 18:46

Jack Mogannam, manager of Sam’s Cable Car Lounge in downtown San Francisco, relishes the days when his bar stayed open past midnight every night, welcoming crowds that jostled on the streets, bar hopped, window browsed or just took in the night air.

He’s had to drastically curtail those hours because of diminished foot traffic, and business is down 30%. A sign outside the lounge pleads: “We need your support!”

“I’d stand outside my bar at 10 p.m. and look, it would be like a party on the street,” Mogannam said. “Now you see, like, six people on the street up and down the block. It’s a ghost town.”

After a three-year exile, the pandemic now fading from view, the expected crowds and electric ambience of downtown have not returned.

Empty storefronts dot the streets. Large “going out of business” signs hang in windows. Uniqlo, Nordstrom Rack and Anthropologie are gone. Last month, the owner of Westfield San Francisco Centre, a fixture for more than 20 years, said it was handing the mall back to its lender, citing declining sales and foot traffic. The owner of two towering hotels, including a Hilton, did the same.

Shampoo, toothpaste and other toiletries are locked up at downtown pharmacies. And armed robbers recently hit a Gucci store in broad daylight.

San Francisco has become the prime example of what downtowns shouldn’t look like: vacant, crime-ridden and in various stages of decay. But in truth, it’s just one of many cities across the U.S. whose downtowns are reckoning with a post-pandemic wake-up call: diversify or die.

As the pandemic bore down in early 2020, it drove people out of city centers and boosted shopping and dining in residential neighborhoods and nearby suburbs as workers stayed closer to home. Those habits seem poised to stay.

No longer the purview of office workers, downtowns must become around-the-clock destinations for people to congregate, said Richard Florida, a specialist in city planning at the University of Toronto.


Supreme Court rules for nursing home patient’s family
Attorney News | 2023/06/28 17:10

The Supreme Court on Thursday ruled for the family of a nursing home resident with dementia that had sued over his care, declining to use the case to broadly limit the right to sue government workers.

The man’s family went to court alleging that he was given drugs to keep him easier to manage in violation of his rights. The justices had been asked to use his case to limit the ability of people to use a federal law to sue for civil rights violations. That outcome could have left tens of millions of people participating in federal programs, including Medicare and Medicaid, without an avenue to go to court to enforce their rights.

The Supreme Court has previously said that a section of federal law — “Section 1983” — broadly gives people the right to sue state and local governments when their employees violate rights created by any federal statute.

The court by a 7-2 vote reiterated that Thursday, with Justice Ketanji Brown Jackson writing that Section 1983 “can presumptively be used to enforce unambiguously conferred federal individual rights.” Both liberal and conservative justices joined her majority opinion while conservative Justices Clarence Thomas and Samuel Alito dissented.

The court had been asked to say that when Congress creates a federal spending program — giving states money to provide services such as Medicare and Medicaid — they shouldn’t face lawsuits from individuals under Section 1983. The court rejected that invitation.

The specific case the justices heard involves the interaction of Section 1983 and the Federal Nursing Home Reform Act, a 1987 law that outlines requirements for nursing homes that accept federal Medicare and Medicaid funds. The court was being asked to answer whether a person can use Section 1983 to go to court with claims their rights under the nursing home act are violated. The answer is yes, the court said.


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