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NY top court clears probe of inflated appraisals
Areas of Focus |
2011/11/23 17:49
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New York's top court has cleared the state attorney general to pursue allegations that First American Corp. and subsidiary eAppraiseIT inflated property appraisals under pressure from client Washington Mutual.
The Court of Appeals says federal regulations do not pre-empt state claims alleging fraud and violations of real estate appraisal rules.
Then-Attorney General Andrew Cuomo brought the 2007 civil suit alleging the practice contributed to the national subprime mortgage crisis.
Washington Mutual collapsed in 2008 and became the nation's largest bank failure ever.
Six top court judges ruled that Congress envisioned "a robust partnership with the states" in aiming to prevent real estate appraisal abuse.
In a dissent, Judge Susan Read says the suit challenges a bank's federally regulated mortgage practices. |
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Guilty plea planned in Palin lawyer harassment
Areas of Focus |
2011/11/22 17:49
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A 20-year-old Pennsylvania man has agreed to plead guilty to a federal charge of making harassing phone calls in a case involving Sarah Palin's lawyers.
Shawn Christy filed notice Monday in U.S. District Court that he intends to plead guilty in an expected plea agreement with federal prosecutors.
Christy plans to plead guilty and be sentenced Dec. 1, according to the document filed by Mary Geddes, assistant federal defender.
Federal prosecutors were not immediately reachable by phone late Monday. Earlier, Assistant U.S. Attorney Retta-Rae Randall said the harassing telephone calls charge carries a maximum penalty of two years in prison and a $250,000 fine.
Christy and his father, Craig Christy, both of McAdoo, Pa., face accusations of placing harassing interstate phone calls to the former Alaska governor's lawyers in early August. Palin, the 2008 Republican vice presidential nominee, had been granted state restraining orders against them.
Both men pleaded not guilty in the case in September. |
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Texas AG blasts court's redistricting maps
Areas of Focus |
2011/11/21 17:24
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Texas' attorney general sharply criticized a federal court Friday over its proposed maps for state House and Senate districts in the 2012 election, saying the judges overstepped their bounds.
The San Antonio-based federal court released the proposed redistricting maps late Thursday and gave those involved in the case until noon Friday to comment. Minority groups have filed a legal challenge to the Republican-drawn maps, saying they are discriminatory. The court's maps are intended to be an interim solution until the case is resolved after the 2012 elections.
Maps for the House and Senate released Thursday restore many of the minority districts — where Democrats hold the seats — to their previous shapes. Republican lawmakers have denied their maps were intended to minimize minority representation, and say they merely reflect the GOP majority in Texas. |
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Courts weighs scrapping huge California water pact
Areas of Focus |
2011/11/21 17:24
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A vanishing lake figures large in a court battle over how Southern California gets it water, a high-stakes dispute with consequences that could ripple throughout the western United States.
A California appeals court is considering whether to overturn a landmark 2003 agreement that created the nation's largest farm-to-city water transfer and set new rules for dividing the state's share of the Colorado River. A three-judge panel of the 3rd Appellate District in Sacramento will hear arguments Monday and is expected to rule within three months.
Farmers and environmentalists involved in the lawsuit argue the pact is deeply flawed, while California water agencies say it is critical to keeping an uneasy peace on the river. The court has given each side 45 minutes to make its case and asked lawyers to focus on whether the state of California violated its constitution by essentially writing a blank check to restore the shrinking Salton Sea.
California long used more of the Colorado River than it was granted under agreements with Arizona, Colorado, Nevada, New Mexico, Utah, Wyoming and Mexico. Its overindulgence was never a big problem until Sunbelt cities like Phoenix witnessed explosive growth and other states clamored for their full share. Drought only exacerbated tensions. |
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Justices unlikely to have last word on health care
Areas of Focus |
2011/11/15 16:55
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President Barack Obama's historic health care overhaul divided the nation from the day he signed it into law, and that seems unlikely to change no matter how the Supreme Court rules on its constitutionality.
Some legal disputes, like the 2008 presidential election, the court can settle. Others rage on, such as abortion. It may take another decade to find the balance between private and public responsibility for health care in America, a nation disdainful of big government yet historically unable to guarantee affordable basic coverage to its citizens.
"Either way it rules, the Supreme Court decision will not end the debate on health care," said former Senate Majority Leader Tom Daschle, an influential Democratic adviser. "It is, and will largely remain, a debate on the role of government."
The Supreme Court's announcement on Monday that it will take up the constitutional challenge to what Republicans deride as "Obamacare," sets the stage for a decision next summer in the heat of the presidential election campaign. |
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Norway killer claims mantle of resistance leader
Areas of Focus |
2011/11/14 09:12
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The anti-Muslim extremist who confessed to a bombing and shooting massacre that killed 77 people in Norway tried to declare himself a resistance leader Monday at his first public court hearing but was quickly cut off by the judge.
Anders Behring Breivik was escorted by guards into an Oslo court room packed with dozens of reporters and spectators, including survivors of his rampage at a youth camp near the capital who were seeing him in person for the first time since the July 22 attack.
"I am a military commander in the Norwegian resistance movement," Breivik said before the judge interrupted him and told him to stick to the issue at hand — his further detention.
The court extended his custody 12 more weeks until Feb. 6, but decided to gradually lift the restrictions on his media access, visitors and mail. Breivik is being held pending his trial on terror charges.
If found guilty, he could be sentenced to 21 years in prison. An alternative custody arrangement — if he is still considered a danger to the public — could keep him behind bars indefinitely.
At the end of Monday's hearing, the 32-year-old Norwegian asked Judge Torkjel Nesheim if he could address survivors and victims' relatives but was turned down. |
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Court likely to overturn Calif. law on livestock
Areas of Focus |
2011/11/10 17:39
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The Supreme Court seemed ready Wednesday to block a California law that would require euthanizing downed livestock at federally inspected slaughterhouses to keep the meat out of the nation's food system.
The court heard an appeal from the National Meat Association, which wants a 2009 state law blocked from going into effect. California barred the purchase, sale and butchering of animals that can't walk and required slaughterhouses under the threat of fines and jail time to immediately kill nonambulatory animals.
But justices said that encroached on federal laws that don't require immediate euthanizing.
"The federal law does not require me immediately to go over and euthanize the cow. Your law does require me to go over and immediately euthanize the cow. And therefore, your law seems an additional requirement in respect to the operations of a federally inspected meatpacking facility," Justice Stephen Breyer told a California lawyer. |
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