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Kagan Sided With Investors in Two Notable Securities Cases
Headline News |
2010/05/10 09:25
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pThe federal government has opposed business interests in two closely watched securities cases during Elena Kagan's time as solicitor general, although her brief tenure has overlapped with just a handful of notable business cases. /ppMs. Kagan has a light record on business issues outside of her 14 months of service as solicitor general, a role in which she represented the government at the high court. She hasn't served as a judge and her professional career has largely been devoted to government service and academia. /ppWith Ms. Kagan as solicitor general, the Obama administration has taken a friendlier approach to investor lawsuits. Ms. Kagan's office filed a legal brief supporting investors in a case that examined when shareholders could sue mutual-fund managers for allegedly charging excessive fees. Ms. Kagan argued that a lower-court ruling in the case did not provide enough of a check on potentially excessive fees. /ppIn another case, Ms. Kagan's office argued that shareholders of Merck amp; Co. Inc. didn't wait too long to file lawsuits alleging the drug maker misrepresented the safety of painkiller drug Vioxx. /ppThe Supreme Court, which decided both cases this spring, unanimously agreed with Ms. Kagan's position each time.
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US women due in court in Philly in terrorism case
Headline News |
2010/05/03 08:19
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pTwo American women charged in a global terrorism plot allegedly aimed at killing a Swedish artist are due in court in Philadelphia./ppCourt papers show the case is largely built on e-mails and online postings allegedly made by 46-year-old Colleen LaRose of Pennsburg and 31-year-old Jamie Paulin-Ramirez of Leadville, Colo./ppThe Colorado woman's defense lawyer, Jeremy Ibrahim, says he will ask Monday for copies of computer evidence. A judge may have to screen it first because prosecutors say some of it may be classified./ppLaRose is also expected to enter a plea to a superseding indictment. Both women have previously pleaded not guilty. They were arrested this year after returning from Europe.
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Florida Probing Law Firm in Foreclosures
Headline News |
2010/05/02 09:24
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pThe Florida attorney general's office is investigating possible misconduct by a large law firm that files foreclosures for banks, according to a posting on its Web site./ppThe Web site said the office is looking at whether Florida Default Law Group, based in Tampa, was involved in fabricating and/or presenting false and misleading documents in foreclosure cases. Mortgage documents that are used to prove a bank has a right to foreclose have later been shown to be legally inadequate and/or insufficient, the Web site said./ppA spokeswoman for Florida Default declined to comment. Ryan Wiggins, a spokeswoman for Attorney General Bill McCollum, said the investigation began last fall./ppThe civil probe comes as some judges and federal prosecutors in Florida are paying close attention to how banks—and so-called foreclosure-mill law firms that work for banks—are attempting to take control of homes from borrowers in default. Judges across the country have chastised banks and their attorneys for attempting to seize properties they can't prove they own. /ppLast month, a Florida judge said that a mortgage document filed by a bank in a foreclosure case was part of an intentional effort to mislead the court.
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Put an age limit on Supreme Court justices
Headline News |
2010/04/28 08:53
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pWhen President George W. Bush and his lawyers were insisting the commander in chief had the sole power to run the new war on terror, Judge Diane Wood sharply criticized that view./ppWood, now on President Obama's list as a possible Supreme Court nominee, wrote in a 2003 Chicago law review article that in a democracy, those responsible for national security must do more than say ‘trust us, we know best.' Secret prisons and secret evidence do not comport with the rule of law, she said./ppWhen the Bush administration argued that a Chinese Muslim could be held indefinitely as a Guantanamo Bay prisoner because he had gone to Afghanistan and may have associated with the Taliban, Judge Merrick Garland disagreed./ppGarland, also on Obama's short list for the Supreme Court, wrote two years ago for the U.S. Court of Appeals in Washington that Lewis Carroll notwithstanding, the fact that the government has ‘said it thrice' does not make the allegation true. There was no evidence that the Uighurs were enemy combatants, he said.
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Beach, Chesapeake pay $9 million for outside legal help
Headline News |
2010/04/12 09:31
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pEach South Hampton Roads city has a cadre of attorneys on staff to deal with the many legal disputes that come with running a large city./ppSometimes, a case comes along that poses a potential conflict of interest, requires expertise that can't be found in-house, or just takes too much time./ppIn those scenarios, officials look outside the city attorney's office to hire a private law firm. That gets expensive./ppSaddled with long and costly legal battles, Chesapeake and Virginia Beach have paid nearly $9 million to private law firms over the past five years - more than twice the combined amount spent by Norfolk, Portsmouth and Suffolk./ppWhen we go through and see how much we have spent on outside counsel, I think we can do better, said Chesapeake Councilwoman Patricia Willis, who is a lawyer./ppCity Attorney Ronald Hallman said Chesapeake is a growing city and has faced a host of unique legal matters including opposition to a planned North Carolina landfill, the Battlefield Golf Club fly ash case, and a challenge to a police test by the U.S. Justice Department. All of these cases required specific expertise and lots of time, which equals large bills.
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Law firm to represent EPS in suit
Headline News |
2010/01/12 09:07
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| pEnid Public Schools will be represented by the law firm Rosenstein, Fist amp; Ringold in a suit filed by the father of a boy who said school officials failed to prevent assaults and harassment against his son./ppJohn Kevin Bradshaw, of Yukon, has named Enid Public Schools, school officials and coaches in the lawsuit seeking more than $40,000 in damages./ppAmber Graham Fitzgerald, director of school and community relations, said Rosenstein, Fist amp; Ringold will represent the district in the lawsuit and those named in the suit who were acting in an official capacity for the district./pp“While I cannot comment specifically on this situation, generally EPS employees have the opportunity to be represented by the district’s attorney for claims made while they are fulfilling du-ties in an official school capacity,” she said. “Representation is not provided when a claim is made against them as an individual.”/ppShe said the district does had liability insurance, which addresses this type of situation./ppShe said school officials could not comment on pending litigation./p |
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