Va. court: Hookah lounge exempt from smoking ban

A divided Virginia Court of Appeals has ruled that a Blacksburg hookah lounge is exempt from the state's restaurant smoking ban.

In a 6-3 ruling Tuesday, the court said the She-Sha Cafe and Hookah Lounge is not subject to the ban because it's a retail tobacco store as well as a restaurant. She-Sha says most of its revenue comes from customers' use of hookahs - tall water pipes that are used to smoke flavored tobacco.

The state law regulating indoor public smoking covers restaurants but specifically exempts tobacco retailers. The court's majority cited that exemption in ruling in She-Sha's favor.

The decision reverses a three-judge panel's ruling that She-Sha is covered by the ban because it also serves food.

Appeals court to review approval of BP settlement

A year ago, lawyers for BP and Gulf Coast residents and businesses took turns urging a federal judge to approve their settlement for compensating victims of the company's massive 2010 oil spill.

On Monday, however, the one-time allies will be at odds when an appeals court hears objections to the multibillion-dollar deal. That's because several months after U.S. District Judge Carl Barbier approved the settlement, BP started complaining that the judge and court-appointed claims administrator were misinterpreting it. The London-based oil giant is worried it could be forced to pay billions of dollars more for bogus or inflated claims by businesses.

Plaintiffs' attorneys who brokered the deal want the 5th U.S. Circuit Court of Appeals to uphold the class-action settlement.

As of Friday, payments have been made to more than 38,000 people and businesses for an estimated $3.7 billion. Tens of thousands more could file claims in the coming months.

The settlement doesn't have a cap, but BP initially estimated that it would pay roughly $7.8 billion to resolve the claims. Later, as it started to challenge the business payouts, the company said it no longer could give a reliable estimate for how much the deal will cost.

The dispute centers on money for businesses, not individuals. Awards are based on a comparison of revenues and expenses before and after the spill. BP says a "policy decision" that claims administrator Patrick Juneau announced in January has allowed businesses to manipulate those figures in a way that leads to errors in calculating their actual lost profits.

NC court dumps speedway's suit over $80M deal

A North Carolina court says it will not revive a lawsuit from one of the country's largest auto racing track operators which says local officials reneged on millions of dollars in tax breaks for a new drag strip.

A three-judge state Court of Appeals panel ruled Tuesday against Speedway Motorsports Inc. and Charlotte Motor Speedway, which sued Cabarrus County.

The companies had threatened to move the 135,000-seat speedway and build a new drag strip somewhere other than the Charlotte region unless they got the tax breaks. They say they decided to build the drag strip and upgrade the speedway after an oral agreement for $80 million in tax breaks.

The appeals court says there was no binding contract since nothing was put in writing until after the drag strip opened.

Calif. tax lawyer convicted of taking client money

Federal prosecutors say a 73-year-old Northern California tax attorney has been convicted of taking hundreds of thousands of dollars from clients for his own expenses including personal trainers and travel.
A U.S. attorney's statement says Stanford Law School graduate Orion Douglas Memmott of Willows was found guilty Wednesday of tax evasion and subscribing to a false tax document after a five-day bench trial in October.
The statement says Memmott took money from investors and law firm clients including one woman who was left destitute and homeless after he depleted her medical trust.
Prosecutors say Memmott concealed the embezzled money through nominee accounts and false statements to investors, clients, and the Internal Revenue Service.

Court says Disneyland can keep Segway ban

A California appeals court says Disneyland Resort can keep a ban on Segways at its parks.

The Orange County Register says the court ruled last week against a woman with muscular dystrophy who sued for discrimination four years ago because she couldn't use a Segway at Disneyland.

The 4th District Court of Appeal says Disney showed that the stand-up, two-wheeled scooter was unsafe to use inside the crowded Anaheim park.

Disney has since developed its own four-wheel standing scooter for use in the park.

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Court strikes down Arizona 20-week abortion ban

A federal court in San Francisco Tuesday struck down Arizona's ban on abortions after 20 weeks of pregnancy.
The 9th U.S. Circuit Court of Appeals ruled that the law violates a string of U.S. Supreme Court rulings starting with Roe v. Wade that guarantees a woman's right to an abortion before a fetus is able to survive outside the womb. That's generally considered to be about 24 weeks. Normal pregnancies run about 40 weeks
Several states have enacted similar bans starting at 20 weeks. But the 9th Circuit's ruling is binding only in the nine Western states under the court's jurisdiction. Idaho is the only other state in the region covered by the 9th Circuit with a similar ban.
A trial judge had ruled that the ban could take effect. U.S. District Judge James Teilborg ruled it was constitutional, partly because of concerns about the health of women and possible pain for fetuses.
But abortion-rights groups appealed that decision, saying the 20-week ban would not give some women time to carefully decide whether to abort problem pregnancies.

3 guilty in Dallas-area, Houston health care fraud

Three more people have been convicted in a nearly $3 million health care fraud case involving Houston and Dallas-area companies.
Prosecutors say unlicensed doctors were recruited to treat patients at their homes and then wrongly bill Medicare.
A federal judge in Dallas on Wednesday convicted Godwin Umotong and Comfort Gates of Houston of conspiracy to commit health care fraud and health care fraud. A third person - Vagharshak Smbatyan of Grenada Hills, Calif., - was convicted of making a false statement to an agency.
All will be sentenced in July and face penalties ranging from five to 10 years per count.
Prosecutors say Umotong worked for Euless Healthcare Corp. in Hurst and Medic Healthcare Inc. of Houston. Gates worked for Medic.

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Judge: Sexual assault suspect insane, not guilty

A Stamford man whose tongue was partially bitten off as he tried to rape a woman has been found not guilty by a Connecticut judge ruling he was insane at the time of the assault.

The Stamford Advocate reports that Superior Court Judge Richard Comerford said prosecutors proved beyond a reasonable doubt that the 48-year-old Gerard Landon sexually assaulted a woman at a church in June 2011.

He says Landon has psychiatric problems dating to 1988 and has been diagnosed with Schizophreniform disorder.

Landon's lawyer, public defender Howard Ehring, said Comerford made the right decision.

A Stamford psychiatrist testified that Landon had not been taking anti-psychotic medications.

Comerford said Landon, who is jailed, must be confined by the state commissioner of mental health for further evaluation.