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Fed court reverses order for VA system overhaul
Legal Business |
2012/05/07 18:19
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A federal appeals court on Monday reversed its demand that the Veterans Affairs Department dramatically overhaul its mental health care system.
A special 11-judge panel of the 9th U.S. Circuit Court of Appeals said that any such changes need to be ordered by Congress or the president.
The 10-1 ruling reversed an earlier decision by a three-judge panel of the same court.
The May 2011 ruling had ordered the VA to ensure that suicidal vets are seen immediately, among other changes. It found the VA's "unchecked incompetence" in handling the flood of post-traumatic stress disorder and other mental health claims was unconstitutional.
The new decision said courts are powerless to implement the fixes sought by two veterans groups that filed the lawsuit against the VA in 2007. The lawsuits alleged that hundreds of thousands of veterans had to wait an average of four years to fully receive the mental health benefits owed them.
"There can be no doubt that securing exemplary care for our nation's veterans is a moral imperative," Judge Jay Bybee wrote for the majority. "But Congress and the president are in far better position" to decide whether and what changes need to be done. |
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Probation charge dropped against tanned NJ mom
Areas of Focus |
2012/05/05 18:19
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Court officials say the New Jersey mom accused of taking her then-5-year-old daughter into a tanning booth is no longer on probation in a separate case.
Patricia Krentcil is free on $2,500 bond on the child endangerment charge.
The arrest in Nutley got the attention of authorities in Camden County. That's where Krentcil was sentenced to five years' probation in 1999 for credit card theft, forgery and theft for writing bad checks. In 2001, a bench warrant was issued for her failure to appear at a probation hearing.
Court officials in Camden County on Friday say her probation had been terminated and she would not be required to appear in court.
Krentcil is due back in court next month in the tanning case. She says she never took her daughter into a booth. |
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Lawyer enters not guilty plea for shooting suspect
Legal Topics |
2012/05/01 17:04
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A California man accused of committing the nation's deadliest school shooting rampage since the 2007 attack at Virginia Tech pleaded not guilty Monday to murder charges.
One L. Goh, 43, entered his plea through his lawyer, Deputy Public Defender David Klaus in Alameda County Superior Court.
Goh is charged with seven counts of murder and three counts of attempted murder in the April 2 attack at Oikos University in Oakland.
Klaus declined to comment after the hearing.
Goh also faces the special circumstance of committing multiple murders that makes him eligible for the death penalty.
Authorities said Goh planned the shootings and opened fire at the small Christian college founded to cater to Korean immigrants after becoming angry over a tuition dispute with school officials.
Those killed were students Doris Chibuko, 40; Judith Seymour, 53; Grace EunHea Kim, 23; Lydia Sim, 21; Bhutia Tshering, 38; Sonam Choedon, 33; and secretary Katleen Ping, 24.
Choedon's brother, Wangchen Nyima, attended Monday's hearing and said he wanted to see Goh in person.
"I just want to know why this happened," Nyima said. "He seems like he has his own problems. He seems like he's a psycho."
Shackled and wearing a red jumpsuit, Goh appeared somewhat calm during his brief court hearing and was noticeably thinner than he was during his previous court appearance.
A once heavyset man, Goh lost about 20 pounds in jail after he went on a self-imposed hunger strike, said sheriff's Sgt. J.D. Nelson. Goh inexplicably began eating again on Saturday, Nelson said. |
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Chinese court seeking to mediate iPad dispute
Areas of Focus |
2012/04/30 16:08
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A Chinese court is mediating between Apple Inc. and the Chinese company challenging its right to use the iPad trademark, seeking to get the companies to settle an awkward standoff over the issue.
The Guangdong High Court in southern China, is seeking to arrange a settlement, said Ma Dongxiao, a lawyer for Proview Electronics Co. The court on Feb. 29 began hearing Apple's appeal of lower court ruling that favored Proview in the trademark dispute.
"It is likely that we will settle out of court. The Guangdong High Court is helping to arrange it and the court also expects to do so," Ma said Monday.
China has sought to showcase its determination to protect trademarks and other intellectual property, but with hundreds of thousands employed in the assembly of Apple's iPhones and iPads is unlikely to want to disrupt the company's production and marketing in China. |
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High court's stance could spur immigration laws
Legal Topics |
2012/04/30 16:07
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Emboldened by signals that the U.S. Supreme Court may uphold parts of Arizona's immigration law, legislators and activists across the country say they are gearing up to push for similar get-tough measures in their states.
"We're getting our national network ready to run with the ball, and saturate state legislatures with versions of the law," said William Gheen, president of Americans for Legal Immigration. "We believe we can pass it in most states."
That goal may be a stretch, but lawmakers in about a dozen states told The Associated Press they were interested in proposing Arizona-style laws if its key components are upheld by the Supreme Court. A ruling is expected in June on the Department of Justice's appeal that the law conflicts with federal immigration policy.
Dan Stein, president of the Federation for American Immigration Reform, said he was encouraged that several justices suggested during Wednesday's oral arguments that they are ready to let Arizona enforce the most controversial part of its law — a requirement that police officers check the immigration status of people they suspect are in the country illegally. |
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Designer Louboutin hits back in red sole lawsuit
Headline Legal News |
2012/04/30 16:07
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Renowned French shoe designer Christian Louboutin has defended his court battle to protect his famous red stiletto soles.
Louboutin, who is suing fellow French fashion house Yves Saint Laurent for trademark infringement in a U.S. court, argues that he is not trying to monopolize the color red.
The designer said Monday he is defending his ownership to "a specific color in a specific place" of a shoe.
In an interview with The Associated Press, Louboutin called YSL's parent company PPR hypocritical because one of its brands, Gucci, also claims ownership of a specific color combination — red and green stripes — in its logo.
Louboutin was in London to open a major retrospective exhibition at the Design Museum to mark the 20th anniversary of the brand. |
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Court: Online bookseller owes New Mexico sales tax
Areas of Focus |
2012/04/20 16:43
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A nationally known online bookseller must pay more than a half million dollars in taxes for books, music and movies bought by customers in New Mexico, the state Court of Appeals has ruled in a dispute over the state's power to tax corporate chains and Internet shopping.
The court's decision came Wednesday in a case involving an out-of-state online business, Barnes&nobles.com, LLC, which was part of the corporate family of bookseller Barnes & Noble Inc.
The online retailer was assessed gross receipts taxes in 2006 of $534,563 for sales from 1998 to 2005. The company protested and a state agency hearing officer agreed with the company that it wasn't required to collect and pay the tax because it had no presence in the state or what is known as a "substantial nexus" with New Mexico.
The online retailer was organized under Delaware laws and it had no employees or offices in the state. However, a separate Barnes and Noble company operates three bookstores in New Mexico, with the first of those started in Albuquerque in 1996 and the most recent in Las Cruces in 2003. |
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