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SD Supreme Court disciplines circuit judge
Law Center |
2011/05/19 09:07
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The South Dakota Supreme Court has ruled that Circuit Judge A.P. Pete Fuller of Rapid City must retire or undergo a six-month suspension followed by strict probation for misconduct that involved mistreating lawyers, court personnel and others.
The Judicial Qualifications Commission had recommended that Fuller be removed from office or forced to retire because he repeatedly displayed a lack of courtesy and respect for lawyers and court staff.
The case marked the first time in the 121-year history of the South Dakota judicial system that the Supreme Court had been asked to remove a judge from the bench.
In a hearing last month, Fuller told the high court he is ashamed of his behavior but believes he could return to the bench and be an effective judge. |
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Court says FOIA request cannot be used in lawsuit
Law Center |
2011/05/15 02:35
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The Supreme Court says a Freedom of Information Act request cannot be used to trigger a False Claims Act lawsuit.
The court on Monday voted 5-3 to agree with arguments by Schindler Elevator Corp., which sought to get a lawsuit against it dismissed.
Daniel Kirk, a former employee, sued on behalf of the government, claiming Schindler had not complied with reporting requirements involving the employment of Vietnam veterans.
But a judge threw out his lawsuit, saying Kirk's information came from a FOIA request. The False Claims Act says that lawsuits cannot be filed using publicly disclosed information. The judge said FOIA reports were public information.
The 2nd U.S. Circuit Court of Appeals in New York City overturned that decision but the high court said it was correct.
Justice Clarence Thomas wrote the court's opinion, joined by Chief Justice John Roberts and Justice Antonin Scalia, Anthony Kennedy and Samuel Alito.
Justice Ruth Bader Ginsburg dissented and was joined by Justices Stephen Breyer and Sonia Sotomayor. |
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LimeWire settles out of court with major record labels
Law Center |
2011/05/13 09:30
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File-sharing software company LimeWire, which shut down last year after being barred from allowing people to share copyright-protected files online, reached a $105 million out-of-court settlement with the major record labels Thursday, the labels said.
In a statement, Recording Industry Association of America Chairman Mitch Bainwol said his group, which represents the labels, is pleased with the settlement.
“The resolution of this case is another milestone in the continuing evolution of online music to a legitimate marketplace that appropriately rewards creators,” he later added.
LimeWire, which had enabled people to share songs and other files over the Internet, had been fighting the RIAA for several years.
The RIAA argued LimeWire’s software encouraged illegal sharing of copyrighted music. Last May LimeWire was found liable of copyright infringement, with a trial to follow early this year. That trial started last week.
In October, LimeWire received a federal injunction forcing it to disable key functions of its software. At that time, the company said it would continue developing a new service that would include a desktop player, mobile apps and a catalog of music from which people could legally stream and download songs. |
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Disabled lawyer cranks out lawsuits
Law Center |
2011/05/07 09:02
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Scott Johnson calls himself a crusader for the disabled. The hundreds of small businesses he routinely sues call him a legal extortionist.
Welcome to the rough and tumble world of providing access to the disabled. At the heart of the matter is the American with Disabilities Act, the controversial federal law requiring a minimum level of access in all public places.
Disabled advocates say since no government agency enforces the law, that task has fallen to private attorneys who file lawsuits to compel the noncompliant to provide equal access to all. Because of a quirk in California law, the state stands out as a magnet for disabled-access lawsuits and several lawyers have made a name for themselves as frequent filers.
Few, though, are as prolific as Johnson.
Since 2004, Johnson has filed more than 1,000 boiler plate lawsuits in Sacramento federal court, slightly tweaking the documents to fit the target: a restaurant's service counter is too high or an apartment complex doesn't have enough disabled parking. Just last week, the Carmichael lawyer filed more than two dozen lawsuits, mostly aimed at apartment complexes. |
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4 guilty in $5.2M Medicare fraud scheme in Houston
Law Center |
2011/05/05 09:19
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Four people have been convicted in Houston of conspiring to defraud the Medicare program out of $5.2 million over a three-year period.
A Justice Department statement identifies the four convicted Wednesday as 46-year-old Ezinne Ubani, 45-year-old Caroline Njoku and 47-year-old Terrie Porter, all of Houston, and 55-year-old Mary Ellis of Missouri City.
The federal jury in Houston acquitted 62-year-old Estella Joseph of Houston, all after a 15-day trial before U.S. District Judge Nancy Atlas.
Sentencing is scheduled for July 20-21. Ubani and Ellis could receive up to 20 years in prison, Njoku could get up to 15 years in prison, while Porter could get up to 10 years in prison. |
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Ohio man pleads guilty in abortion-gunpoint case
Law Center |
2011/04/28 09:06
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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. |
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