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Court rejects appeal of gay jury selection case
Headline Legal News |
2014/06/25 16:05
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A federal appeals court on Tuesday refused to reconsider its ruling granting heightened legal protections to gays and lesbians, prompting three dissenting judges to warn of far-reaching implications in same-sex marriage cases in the Western United States.
The 9th U.S. Circuit Court of Appeals in January banned the exclusion of potential jurors because of their sexual orientation, saying such action was akin to striking someone from the jury pool because of their race or gender.
An undisclosed majority of the full 29-judge court voted against rehearing the case over the objections of three judges.
The dissenters, led by Judge Diarmuid O'Scannlain argued that the ruling "bears significant implications for the same-sex marriage debate and for other laws that may give rise to distinctions based on sexual orientation."
O'Scannlain argues giving gays and lesbians the same protections as minorities and women prematurely decides the same-sex marriage issue without the U.S. Supreme Court's input. O'Scannlain pointed out that officials in Nevada and Oregon have cited the 9th Circuit opinion to drop official opposition to same-sex marriage.
A week after the Jan. 21 ruling, for instance, Carson City District Attorney Neil Rombardo withdrew opposition to a lawsuit challenging Nevada's gay marriage ban, citing the 9th Circuit juror ruling that he called a "game changer."
O'Scannlain was joined by Judges Jay Bybee and Carlos Bea. All three judges were appointed by Republican presidents.
The ruling is binding in the nine Western states covered by the 9th Circuit, including the four states with pending same-sex marriage cases: Hawaii, Idaho, Oregon and Nevada. |
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Court rules against HealthSouth in auditor dispute
Areas of Focus |
2014/06/17 17:50
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The Alabama Supreme Court ruled against Birmingham-based HealthSouth Corp. on Friday in a legal dispute linked to the accounting fraud that rocked the rehabilitation company more than a decade ago.
The justices rejected an appeal filed by HealthSouth in a legal fight involving its one-time auditing company, Ernst & Young.
Shareholders filed a complaint on behalf of HealthSouth blaming Ernst & Young for failing to detect the $2.6 billion accounting scam that occurred under former CEO Richard Scrushy, who was acquitted of criminal charges in 2005. A civil court later held him responsible for the swindle.
An arbitration panel ruled against HealthSouth in a complaint aimed at making Ernst & Young share responsibility for the fraud, and HealthSouth appealed to Jefferson County Circuit Court. That court sided with the auditor, and HealthSouth appealed again.
The Supreme Court, in a decision written by Justice James Main, upheld the ruling against HealthSouth. The justices said there was no evidence the arbitration decision against HealthSouth was fundamentally unfair or that the panel engaged in any misconduct.
Evidence showed HealthSouth inflated its earnings by some $2.6 billion from the late 1990s through the early 2000s, when the scheme was uncovered. Fifteen HealthSouth employees pleaded guilty and jurors convicted one other.
Scrushy blamed everything on underlings but later served time in federal prison after being convicted in a bribery scheme involving former Gov. Don Siegelman, who remains in prison in Oakdale, La.
Scrushy, who maintains his innocence to all charges, now lives in Texas and sometimes lectures about corporate fraud. |
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Davis Law Group, PLLC - Detroit Area DUI/DWI Attorney
Court Watch |
2014/06/17 17:49
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DUI convictions are serious and should not be taken lightly. Don't make matters worse by representing yourself. A DUI charge does not have to affect the rest of your life. Take matters into your own hands and contact the professionals at The Davis Law Group, PLLC.We are highly skilled in the art of DUI defence, and out DUI defense attorneys know what to do to lessen your criminal punishments. A DUI conviction in Michigan can slap you with the following punishments:
* Time in jail or prison
* Driver's license suspension
* Loss of driving privileges
* Increased rates on auto insurance
* Alcohol and drug educational classes
* Conviction on your criminal record
* Points on your driver’s license
* Employment consequences
These are only several of the consequences you may face in addition to the expensive fees you may need to pay.
Our attorneys have a successful track record of winning DUI cases and have extensive experience in litigation felony and misdemeanor DUI Cases. We will represent you in the best light possible and support you every step of the way. If you're charged with DUI in the Detroit area, call the DUI Defense Attorneys at the Davis Law Group, PLLC for a free consultation. |
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Court: No blanket exemption for police dashcams
Headline Legal News |
2014/06/13 19:32
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The state Supreme Court has ruled that state dashboard cameras can't be withheld from public disclosure unless they relate to pending litigation.
Five of the high court's members said Thursday that the Seattle Police Department wrongly used a state statute as a blanket exemption to the state's public records act when it denied providing dashboard camera videos to a reporter with KOMO-TV. Their ruling overturns a 2012 King County Superior Court judge's ruling that said the department could withhold the videos for three years.
The majority awarded KOMO attorney fees and sent the case back to the lower court.
Four justices argued that the statute was clear that that the recordings should not be released to the public until completion of any criminal or civil litigation. |
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Law Offices of Robert W. Jackson - Cardiff & Fallbrook Personal Injury Lawyers
Court Watch |
2014/06/13 19:31
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Located in Cardiff and Fallbrook, California, the Law Offices of Robert W. Jackson, APC, will help you if you or a loved one has been injured due to another's negligence. Personal injury due to negligence should not determine your future. You deserve to have justice served on your behalf and our experienced attorneys can help. We will answer all concerns and questions regarding your specific case to determine whether you are qualified to file for a personal injury lawsuit. We are dedicated to our clients and we welcome any challenges to your case. Our aim is to resolve claims and fight for compensation rights. We handle all types of personal injury cases:
Car Accidents
Motorcycle Accidents
Truck Accidents
Defective Products
Bicycle/Pedestrian Accidents
Wrongful Death
Slip & Fall Injuries
Premises Liability
Traumatic Brain Injury
Dog Bites
Personal Injury
Spinal Cord Injuries / Paralysis
Products Liability
Insurance Bad Faith
Mass Tort / Actos® Litigation
At the Law Offices of Robert W. Jackson, we are advocates of justice and we fill fight for you. If you're in need of a Cardiff Personal Injury Lawyer, contact us today. |
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High court won't hear California's prison appeal
Headline Legal News |
2014/06/10 19:48
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The U.S. Supreme Court on Monday let stand a lower court ruling that California bears responsibility for nearly 2,000 disabled parolees housed in county jails.
The decision could leave state taxpayers liable for problems at some of the jails, said Jeffrey Callison, a spokesman for the California Department of Corrections and Rehabilitation.
The high court did not comment as it declined to consider Gov. Jerry Brown's appeal of a January 2012 decision by U.S. District Judge Claudia Wilken in Oakland.
She ruled that state prison officials failed to monitor and protect former inmates who were returned to county jails instead of state prisons for parole violations under a now 3-year-old state law.
That law keeps most parole violators and lower-level offenders in county jails instead of state prisons in response to federal court orders requiring the state to reduce the prison population.
The ruling in the parolee case was upheld last year by the 9th U.S. Circuit Court of Appeals, despite objections by the state.
"We believe that the lower court impinged upon a state's right to delegate responsibilities to local governments," Callison said.
The state penal code says parole violators in county jails are under counties' jurisdiction, he said, but "the federal court decided that didn't matter, that they were still ultimately state parolees."
That could make the state financially responsible for providing jailed parolees with the accommodations to which they are entitled under the federal Americans with Disabilities Act, he said. |
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DiRusso & DiRusso - Surry County Worker's Compensation Lawyers
Court Watch |
2014/06/10 19:47
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From the moment an employee is injured, there are time limits for both the employee and employer. Employers must make certain reports to the court system for North Carolina Worker's Compensation case, Industrial Commission. Employer reports do not satisfy the reporting obligations of the employee or extend the time limit for the employee to make his claim.
Under certain circumstances, an injured employee may report their injury to their employer and even be paid for time missed from work. If the employee does not make the proper filing with the Industrial Commssion, the employee's claim can be dismissed and they will receive no further benefits.
It is critical to know what benefits to demand. An injured worker is entitled to numerous benefits, unfortunately it is not the employer's obligation to advise their injured employee of these benefits. At DiRusso & DiRusso, we offer free consultations with attorneys who practice Worker's Compensation.
If you're in need of a Surry County Worker's Compensation Lawyer, contact DiRusso & DiRusso today. |
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