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Court: No shield law for message boards posters
Headline Legal News |
2011/06/07 16:16
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The New Jersey Supreme Court says people posting in online message boards don't have the same protections for sources as mainstream journalists.
The court ruled Tuesday that New Jersey's shield law for journalists does not apply to such message boards.
The case involved a New Jersey-based software company named Too Much Media. It sued a Washington state blogger for defamation and wanted her to reveal sources she cited on message board posts.
Shellee Hale claimed customer information was compromised and that she should be protected from revealing her sources.
New Jersey's highest court says online message boards are little more than forums for discussion and don't fit the definition of news media as described by the law. |
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Mack Trucks, Volvo to pay $525M to settle suit
Headline Legal News |
2011/05/19 16:07
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Mack Trucks Inc. and its parent, AB Volvo, will pay $525 million to settle a class-action lawsuit filed by more than 9,300 retirees of the North Carolina truck maker after they challenged potential reductions to their lifetime health benefits.
The Legal Intelligencer reported Tuesday that Senior U.S. District Judge R. Barclay Surrick gave preliminary approval of the settlement. A hearing is Sept. 7 to decide if the settlement is fair and reasonable.
The suit was filed in Michigan after Mack sought a ruling that lifetime benefits of its retirees were not vested and could be modified or eliminated. Both cases were consolidated in the Eastern District of Pennsylvania.
Mack reached an agreement with the UAW in May of 2009 on a voluntary employees beneficiary association, or VEBA, that would have the union oversee retirees' health benefits. Mack and Volvo agreed to fund it with $525 million, paid in five annual installments.
Mack said it expects the final approval of the VEBA in September.
The company also reported that deliveries nearly doubled in April from a year earlier with 1,608 trucks delivered from the 810 it recorded in April 2010, an increase of 99 percent. |
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Court says FOIA request cannot be used in lawsuit
Headline Legal News |
2011/05/17 15:37
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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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Phoenix realtor pleads guilty to mortgage fraud
Headline Legal News |
2011/05/12 15:42
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A Phoenix real estate agent has pleaded guilty in a mortgage fraud scheme that costs lenders almost $10 million.
Federal prosecutors said 31-year-old Jason Thomas Williams pleaded guilty Monday to charges of conspiracy to commit wire fraud.
It was unclear Wednesday when Williams will be sentenced. Prosecutors said he could be facing up to a 30-year prison term.
Three others charged in the same case also have entered guilty pleas while the remaining defendant is scheduled for trial in July.
Prosecutors said that from September 2005 through September 2007, Williams facilitated the submission of mortgage loan applications for unqualified straw buyers that contained false information.
They said Williams and the others concealed cash kickbacks to the straw buyers from lenders. |
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Courts nationwide hold hearings with video
Headline Legal News |
2011/05/09 16:05
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George Villanueva, charged with first-degree murder in the death of an NYPD officer, will not leave jail for months of pretrial hearings.
Instead, he'll be beamed into the courtroom via video as lawyers discuss his case in front of the judge.
Villanueva's case is part of a surge in court appearances done by video in New York and around the country, as cash-strapped communities look for ways to boost efficiency and cut costs. The tools are used in courts large and small, and the savings for some are staggering: $30 million in Pennsylvania so far, $600,000 in Georgia, and $50,000 per year in transportation costs in Ohio.
"We've had to trim our spending wherever we can and still provide what we think is effective constitutional justice, and we're doing that with the help of modern technology," said Pennsylvania State Supreme Court Justice Ronald D. Castille.
Advocates say the virtual hearing is easier on defendants, who don't have to get up at 4 a.m. to be shuttled with other criminal suspects to court, only to wait hours standing and handcuffed for an appearance. Judges say their cases are moving faster. And civil liberties groups say the practice raises no red flags. |
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Judge clears 'Housewives' firing lawsuit for trial
Headline Legal News |
2011/05/04 16:24
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A jury should decide whether Nicollette Sheridan's character was unfairly written out of the hit show "Desperate Housewives," a judge ruled Tuesday.
With the actress looking on, Los Angeles Superior Court Judge Elizabeth Allen White tossed a couple of Sheridan's claims but said there was enough of a dispute about what led to her ouster for the case to go to trial next month.
Sheridan sued ABC and "Housewives" creator and executive producer Marc Cherry in April 2010, claiming he struck her during a fight in September 2008 and subjected her to sexual and other harassment.
Adam Levin, an attorney for the network and Cherry, argued Tuesday that the decision to kill off Sheridan's character, Edie Britt, was made months before her argument with the show executive. He said the decision was made by Cherry and a small group in May 2008 and kept from others on the show to avoid ruining the surprise.
Sheridan's attorney, Mark Baute, disagreed and said the network's justification that it was a cost-cutting move didn't make sense since Sheridan's character was killed off in a car accident in the middle of the season and she was still owed hundreds of thousands of dollars on her contract. |
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Polygamous church dispute may head to Utah court
Headline Legal News |
2011/05/02 16:02
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An internal tug-of-war over control of jailed polygamous sect leader Warren Jeffs' southern Utah-based church may force Utah courts to walk a constitutional tightrope that experts say could tread a little too close to separation of church and state.
The presidency of the 10,000-member Fundamentalist Church of Jesus Christ of Latter Day Saints has been in question since March 28, when church bishop William E. Jessop filed papers with the Utah Department of Commerce seeking to unseat Jeffs as president of the church corporation. Under state law, the move automatically put Jessop in power.
That set into motion a flurry of filings from Jeffs loyalists removing Jessop and claiming that some 4,000 church members have pledged their loyalty to their incarcerated leader.
Monday marks the deadline set by commerce officials for both parties to resolve the dispute or a legal showdown might be set in motion since, if no agreement is reached, the state says power will revert back to Jeffs. |
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