|
|
|
Supreme Court to hear another arbitration argument
Headline News |
2011/05/01 09:01
|
The Supreme Court will consider a plea from companies that cater to people with bad credit to keep disputes with their customers out of court and in the more business-friendly forum of arbitration.
Days after handing businesses a huge victory by limiting class action claims against them, the court said Monday it will take up a new arbitration dispute in the fall.
The new case involves consumer complaints about companies that issue low-rate credit cards to people with bad credit ratings. The consumers said they were promised an initial $300 in available credit, but were charged $257 in fees in the first year they had the credit card.
The consumers sued in federal court, but the companies say the dispute must be handled by an arbitrator, under an agreement the customers signed to receive the card.
The federal Credit Repair Organizations Act, signed by President Bill Clinton in 1996, says consumers have a right to sue, which the federal appeals court in San Francisco interpreted as a right to go into court, rather than be forced to submit to arbitration. Appeals courts in Atlanta and Philadelphia have ruled otherwise in evaluating the same language in the law. |
|
|
|
|
|
|
Insurer settles suit with former USU frat members
Legal Focuses |
2011/05/01 09:01
|
A Georgia insurance company that paid a wrongful death claim on behalf of a former Utah State University fraternity has settled the lawsuit it brought against four of the fraternity's members.
The Herald Journal of Logan reports that attorneys for RSUI Inc. told a 1st District Court judge the company had resolved a dispute with the four men. Court records show attorneys met with the judge April 20 — one day before a planned hearing.
RSUI sought $50,000 each from Sigma Nu pledge Chad Burton and chapter officers Cody Littlewood, Colton Hansen and Mitchell Alm as compensation for a settlement payment to the parents of Michael Starks.
Starks died Nov. 21, 2008, from alcohol poisoning after a fraternity event.
At the time, RSUI was the insurer for the fraternity and its members, including pledges. RSUI attorneys have acknowledged that both the company and the four defendants would have been jointly liable to Starks' parents, George and Jane Starks of Salt Lake City. The company claims it paid the full amount of a settlement with the Starks, although those terms have not been made public. |
|
|
|
|
|
|
Court close to seating Blagojevich jury
Court Watch |
2011/04/28 09:06
|
Jury selection in the retrial of former Illinois Gov. Rod Blagojevich is entering the home stretch after dragging on for longer than expected.
Thursday should be the last day of questioning of would-be jurors by U.S. District Judge James Zagel. He told attorneys Wednesday that opening arguments would take place Monday.
After a week of jury selection, 42 people are in the pool of potential jurors. Zagel says he only needs a few more before picking the final 12 jurors and six alternates.
One person the judge agreed to dismiss was a woman who had tickets to The Oprah Winfrey Show. She had worried jury duty would force her to miss it.
Another person bumped was a school teacher who the judge said displayed terrible grammar in his questionnaire. |
|
|
|
|
|
|
Ohio man pleads guilty in abortion-gunpoint case
Law Center |
2011/04/28 09:06
|
A man charged under an Ohio fetal homicide law with trying to force his pregnant girlfriend at gunpoint to get an abortion pleaded guilty Thursday to attempted murder, weapons and abduction counts.
Dominic Holt-Reid pulled a gun Oct. 6 on girlfriend Yolanda Burgess, who was three months pregnant, and forced her to drive to an abortion clinic, police said. Burgess, who was 26 at the time, did not go through with the procedure but instead passed a note to a clinic employee, who called police.
Prosecutors had brought their case against Holt-Reid using the state's 1996 law that says a person can be found guilty of murder for causing the unlawful termination of a pregnancy.
Holt-Reid, 28, faces up to 20 years in prison and a $40,000 fine. A presentencing investigation was ordered, and the next hearing was scheduled for June 9.
Holt-Reid had previously pleaded not guilty to charges of attempted murder, kidnapping, improper handling of a firearm and carrying a concealed weapon. His guilty pleas in Franklin County Common Pleas Court came a day after Prosecutor Ron O'Brien told The Associated Press in a statement that a plea deal was in the works. |
|
|
|
|
|
|
Kan. House debates forcing lawsuit over casino
Topics |
2011/04/28 09:06
|
The Kansas House is debating whether it should force the attorney general to file a lawsuit over a proposed state-owned casino south of Wichita.
A resolution being discussed Thursday would require Attorney General Derek Schmidt to sue the state Racing and Gaming Commission's over its decision to allow a casino near Mulvane.
Iowa-based Peninsula Gaming plans to build a $260 million casino complex 18 miles south of Wichita.
Critics question whether the commission's decision in January was premature.
They cite misdemeanor campaign finance charges pending against the company and two top executives in Iowa. Company officials have said they're confident the case will be resolved in their favor, and they've started work on the casino.
Kansas law allows one legislative chamber to direct the attorney general to file a lawsuit. |
|
|
|
|
|
|
Iowa court reverses child endangerment conviction
Law Center |
2011/04/28 09:05
|
The Iowa Court of Appeals on Wednesday overturned the conviction of a mother who has been imprisoned for nearly four years after being found guilty of injuring her young son, basing its decision on the boy's newfound ability to speak and claim he was hurt after sticking his arm into a washing machine.
Tammy Smith was found guilty of hurting her then-4-year-old son in 2006, after his arm was broken in four places and his shoulder dislocated. Prosecutors could not prove how the injury happened, but doctors testified it could only have been caused by a lot of force or leverage being applied to the child's arm. Smith was sentenced to 10 years in prison.
The boy was described as developmentally delayed and could only make grunting sounds and other noises at the time of Smith's trial. He has since been in school and met with counselors and has been able to talk about what happened, telling people he hurt his arm when he put it in a front-load washing machine that was on spin cycle. |
|
|
|
|
|
Legal News RSS Feed
