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Health care lawsuit reaches Supreme Court
Law Firm News |
2011/07/28 08:31
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A conservative law firm asked the Supreme Court Wednesday to strike down the health care overhaul, challenging the first federal appeals court ruling that upheld President Barack Obama's signature domestic initiative.
The appeal filed by the Thomas More Law Center of Ann Arbor, Mich., said Congress overstepped its authority in requiring Americans to purchase health insurance or pay financial penalties.
The center said that if the Supreme Court ratifies the law, the federal government will have absolute and unfettered power to create complex regulatory schemes to fix every perceived problem imaginable and to do so by ordering private citizens to engage in affirmative acts, under penalty of law.
Last month, a divided three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati rejected the center's argument in upholding the centerpiece of the law, the insurance requirement.
In addition to being the first appeals court ruling on the landmark law, the 6th Circuit's decision also was the first in which a Republican-appointed judge, Jeffrey Sutton, voted to uphold the law. President George W. Bush nominated Sutton.
Federal appeals courts in Atlanta and Richmond, Va., also have heard arguments on challenges to the law, but have yet to issue decisions. The federal appeals court in Washington is scheduled to hear argument in yet another health care case in September. |
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Calif Supreme Court rules on illegal local taxes
Topics |
2011/07/26 09:16
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Ruling in a Los Angeles case, the California Supreme Court has ruled taxpayers can file class-action claims when seeking refunds from cities and counties for illegal local taxes.
Monday's unanimous ruling overturns lower-court rulings requiring taxpayers to file individual refund claims.
In class action claims, an individual can win damages for an entire group of people affected by the same unlawful action.
The San Francisco Chronicle says Estuardo Ardon sued the city of Los Angeles in 2006, claiming a city telephone tax was illegal because it was linked to a federal excise tax that had been ruled invalid. The suit seeks millions of dollars in refunds for all phone customers in the city.
But the case has remained on hold while state courts determined whether Ardon can represent a group. |
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Class action lawsuit filed over Antero drilling
Law Firm News |
2011/07/26 09:16
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A class action lawsuit has been filed against Antero Resources alleging that the company's gas drilling activities in Battlement Mesa threaten the health of residents.
The suit was filed in Denver District Court on behalf of all 5,000 residents of the unincorporated community, which is located next to Parachute in western Garfield County.
An attorney representing the residents, Corey Zurbuch, says the suit argues that drilling exposes the people of Battlement Mesa to hazardous pollution.
Antero representatives, along with others in the industry, have long argued that their activities are not hazardous to the residents of Garfield County, according to the Glenwood Springs Post Independent. |
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NJ court rules against son in Plain estate dispute
Law Firm News |
2011/07/26 09:16
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A New Jersey court has ruled against the son of Belva Plain in a dispute over the late author's estate.
John Plain had claimed his mother, the bestselling author of more than 20 novels, and sisters had schemed to cut him out of her will.
Attorneys for Belva Plain's estate argued that her son had signed an agreement in the 1990s vowing not to contest her will.
Friday's decision in state Superior Court in Essex County dismissed John Plain's claim. Plain's lawyer said he was reviewing the decision.
Belva Plain began writing her novels after raising her children and becoming a grandmother. When she died in her sleep last fall at her home in New Jersey at age 95, more than 28 million copies of her books were in print. |
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Judge wants agency to investigate Meijer lawyer
Court Watch |
2011/07/25 08:18
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A judge believes a lawyer committed perjury when he denied knowing anything about the role of Meijer Inc. in a 2007 recall election of township officials in northern Michigan's Grand Traverse County.
Judge Philip Rodgers said he has referred the matter involving Timothy Stoepker to the Michigan Attorney Grievance Commission, a watchdog agency.
I believe it occurred, and I have an ethical responsibility to report it, Rodgers told the Traverse City Record-Eagle.
Stoepker, an attorney at the firm Dickinson Wright in Grand Rapids, represented Meijer during a dispute over a new store in Acme Township. Voters rejected the store in 2005, and township officials were targeted for recall in 2007.
Meijer, a major Midwestern retailer, later acknowledged illegally financing the recall effort and subsequently paid a $190,000 fine.
During a deposition in a civil lawsuit by a township official, Stoepker was asked what he knew about Meijer's role. I have no knowledge of that at all, he replied. |
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Court denies motion to stop Loughner medication
Law Firm News |
2011/07/25 08:18
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A federal court Friday night denied an emergency motion by defense lawyers to keep prison officials in Missouri from forcibly medicating the Tucson shooting rampage suspect with a psychotropic drug.
In a one-page ruling, judges from the 9th Circuit Court of Appeals also denied a request by Jared Lee Loughner's attorneys for daily reports about his condition at a federal prison facility in Springfield, Mo.
The judges said their denial is without prejudice to the defense seeking appropriate relief in the district court. The 9th Circuit had previously scheduled an Aug. 30 hearing in San Francisco on an appeal by Loughner's lawyers over forced medication. It wasn't immediately clear if that hearing will still be held.
Calls to lead Loughner attorney Judy Clarke for comment Friday night weren't immediately returned.
Federal prosecutors said in a filing earlier Friday that Loughner should remain medicated because he may be a danger to himself and his mental and physical condition was rapidly deteriorating.
Loughner's attorneys questioned Thursday whether the forced medication violates an earlier order by the 9th Circuit that forbid prison officials from involuntarily medicating Loughner as the court mulls an appeal on his behalf. They also said their client has been on 24-hour suicide watch.
U.S. Attorney for Arizona Dennis Burke wrote in his filing Friday that despite being under suicide watch, Loughner's unmedicated behavior is endangering him and that no measure short of medication will protect him from himself more than temporarily because they do not address the mental state which underlies his self-destructive actions. |
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