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Court says nothing about health care appeal
Law Center |
2011/11/11 09:35
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The Supreme Court is not immediately saying whether it will make an election-year determination on the constitutionality of President Barack Obama's health care overhaul.
Justices met in private conference Thursday to consider new cases to hear next year. Appeals surrounding the health care overhaul were on the list to be discussed, but there was no announcement as to whether the hot-button issue had even been discussed.
The next opportunity justices have to reveal when or if they will hear a health care overhaul appeal is on Monday.
Lower courts have ruled in conflicting ways on the new law and its requirement that individuals buy health insurance starting in 2014 or pay a penalty.
If the court decides to take the case, oral arguments could come as early as March. |
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Court to look at life in prison for juveniles
Law Center |
2011/11/08 12:13
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The Supreme Court on Monday agreed to decide whether juveniles convicted of killing someone may be locked up for life with no chance of parole, a follow-up to last year's ruling barring such sentences for teenagers whose crimes do not include killing.
The justices will examine a pair of cases from the South involving young killers who are serving life sentences for crimes they committed when they were 14.
Both cases were brought by the Equal Justice Initiative in Montgomery, Ala. The institute said that life without parole for children so young is cruel and unusual and violates the Constitution.
The group says roughly six dozen people in 18 states are under life sentences and ineligible for parole for crimes they committed at 13 or 14.
Kuntrell Jackson was sentenced to life in prison in Arkansas after the shooting death of a store clerk during an attempted robbery in 1999. Another boy shot the clerk, but because Jackson was present he was convicted of capital murder and aggravated robbery.
Evan Miller was convicted of capital murder during the course of arson. A neighbor, while doing drugs and drinking with Miller and a 16-year-old boy, attacked Miller. Intoxicated, Miller and his friend beat the man and set fire to his home, killing the 52-year-old man. Miller's friend testified against him, and got life in prison with the possibility of parole. |
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MF Global faces class-action suits after bankruptcy
Law Center |
2011/11/06 12:11
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Two class-action lawsuits have been filed against bankrupt brokerage MF Global as customers struggle to recover funds from the first major US casualty of the European debt crisis.
On Saturday, Seattle-based Hagens Berman said it was investigating whether the company used clients' money to offset losses the company had incurred in failed investments.
It filed a lawsuit in the name of investors who bought MF Global shares between May 20 and October 28 or who bought bonds issued in August.
The complaint charged that MF Global made false and misleading statements to investors, including failing to disclose the company's reported internal control problems in segregating clients' funds.
Attorney Reed Kathrein said Friday's resignation of the company's chief executive Jon Corzine, whose activities in the last weeks of the failing firm have attracted regulator scrutiny, was not an encouraging sign.
As we continue our investigation, we hope to uncover whether the company mixed investors' and company money, and if Corzine himself played a part in that decision, he added in a statement.
Boston law firm Block amp; Leviton said Friday it had also filed a class-action lawsuit in New York federal court on behalf of MF Global clients over the same period.
It charged MF Global made certain materially false and misleading statements regarding the Company's internal financial controls and liquidity levels through its most senior officers and directors.
Investors lost some $585 million in market capitalization in the week that preceded MF Global's bankruptcy filings alone, according to Block amp; Leviton. |
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Court: Fla. must weigh arbitration in Madoff case
Law Center |
2011/11/05 12:12
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The Supreme Court says the Florida courts should reconsider whether arbitration is required for claims against an auditing firm that worked on a fund that invested with Bernie Madoff.
The high court on Monday reversed a decision by a Florida appeals court. KPMG was sued by investors in the Rye Funds, which lost millions of dollars to Madoff's Ponzi scheme. KPMG was the auditor for the Rye Funds, and the investors said the company did not use proper auditing standards.
KPMG says its contract requires arbitration but the state courts would not allow it.
The Supreme Court ruled that the Florida courts only looked at part of the claims being brought against KPMG. The high court ordered the lower courts to investigate all of the claims before making a decision.
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Man pleads guilty to Picasso theft at SF gallery
Law Center |
2011/10/28 09:46
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A New Jersey man who walked out of a San Francisco gallery with a pencil sketch by Pablo Picasso worth $275,000 pleaded guilty to grand theft Thursday.
Workers at the Weinstein Gallery said Mark Lugo brazenly snatched the drawing, called Tete de Femme (Head of a Woman), from a wall of their gallery on July 5. Lugo then walked down the street and got into a cab with the sketch under his arm.
But quick police work, video surveillance cameras and an alert taxi driver led to his arrest within 24 hours.
When investigators searched Lugo's apartment in Hoboken, N.J., they uncovered a treasure trove of stolen art worth some $430,000.
Lugo, 30, pleaded guilty to grand theft in the San Francisco case. Under terms of a plea deal, prosecutors agreed to drop other charges, including burglary. The deal calls allows for Lugo to be released on his sentencing date, Nov. 21, after getting credit for the time he has already served.
His attorney, Douglas Horngrad, said Lugo would then be extradited to New York to face similar charges in art heists there. |
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PETA lawsuit seeks to expand animal rights
Law Center |
2011/10/27 09:40
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A federal court is being asked to grant constitutional rights to five killer whales who perform at marine parks — an unprecedented and perhaps quixotic legal action that is nonetheless likely to stoke an ongoing, intense debate at America's law schools over expansion of animal rights.
People for the Ethical Treatment of Animals is accusing the SeaWorld parks of keeping five star-performer whales in conditions that violate the 13th Amendment ban on slavery. SeaWorld depicted the suit as baseless.
The chances of the suit succeeding are slim, according to legal experts not involved in the case; any judge who hews to the original intent of the authors of the amendment is unlikely to find that they wanted to protect animals. But PETA relishes engaging in the court of public opinion, as evidenced by its provocative anti-fur and pro-vegan campaigns.
The suit, which PETA says it will file Wednesday in U.S. District Court in San Diego, hinges on the fact that the 13th Amendment, while prohibiting slavery and involuntary servitude, does not specify that only humans can be victims. |
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