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Appeals court tosses Armenian payments law
Legal Topics |
2012/02/24 17:50
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A federal appeals court on Thursday struck down a novel and controversial California law that allowed descendants of 1.5 million Armenians who perished in Turkey nearly a century ago to file claims against life insurance companies accused of reneging on policies.
The move came when a specially convened 11-judge panel of the 9th Circuit Court of Appeals unanimously tossed out a class action lawsuit filed against Munich Re after two of its subsidiaries refused to pay claims.
The ruling, written by Judge Susan Graber, said the California law trampled on U.S. foreign policy — the exclusive jurisdiction of the federal government.
The California Legislature labeled the Armenian deaths as genocide, a term the Turkish government vehemently argued was wrongly applied during a time of civil unrest in the country.
The court noted the issue is so fraught with politics that President Obama studiously avoided using the word genocide during a commemorative speech in April 2010 noting the Armenian deaths.
The tortured legal saga began in 2000 when the California Legislature passed a law enabling Armenian heirs to file claims with insurance companies for policies sold around the turn of the 20th century. It gave the heirs until 2010 to file lawsuits over unpaid insurance benefits. |
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Student bra search case goes to NC Supreme Court
Legal Topics |
2012/02/13 18:08
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The North Carolina Supreme Court is hearing arguments over whether school officials should be allowed to search students' bras for drugs.
A student at an alternative school sued after students had to untuck their shirts and pull out their bras with their thumbs in front of two men in 2008. The searches were done after the principal at Brunswick County Academy received a tip that pills were being brought into the school.
An appeals court ruled last year the searches were "degrading, demeaning and highly intrusive."
The attorney general's office is representing the school. The office says no skin was shown during the search, and students who are assigned to an alternative school because of disciplinary problems have a lesser expectation of privacy than other students. |
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BofA investor lawsuit wins class-action status
Legal Topics |
2012/02/08 17:38
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Investors suing Bank of America Corp won class-action status for their lawsuit accusing the bank of fraudulently misleading them about the 2008 takeover of Merrill Lynch & Co and the size of Merrill's losses and bonus payouts.
U.S. District Judge P. Kevin Castel in Manhattan on Monday rejected the second-largest U.S. bank's argument that the investors could not prove they suffered losses by relying on materially misleading statements or omissions.
Among the other defendants who were also sued and opposed class certification were former Bank of America Chief Executive Kenneth Lewis, former Merrill Chief Executive John Thain, former Bank of America Chief Financial Officer Joe Price, and Bank of America's board of directors.
Lewis had won initial praise for saving Merrill from possible collapse when he agreed to buy it on September 15, 2008, the day Lehman Brothers Holdings Inc went bankrupt.
But investors later faulted the bank for not disclosing the scope of Merrill's soaring losses, which reached $15.84 billion in the fourth quarter of 2008, before December 2008 shareholder votes on the merger. They also objected to Merrill's having paid $3.6 billion of bonuses despite the losses. |
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Ga. court overturns assisted suicide restrictions
Legal Topics |
2012/02/06 17:50
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Georgia's top court struck down a state law that restricted assisted suicides, siding on Monday with four members of a suicide group who said the law violated their free speech rights.
The Georgia Supreme Court's unanimous ruling found that the law violates the free speech clauses of the U.S. and Georgia constitution. It means that four members of the Final Exit Network who were charged in February 2009 with helping a 58-year-old cancer-stricken man die won't have to stand trial, defense attorneys said.
Georgia law doesn't expressly forbid assisted suicide. But lawmakers in 1994 adopted a law that bans people from publicly advertising suicide, hoping to prevent assisted suicide from the likes of Dr. Jack Kevorkian, the late physician who sparked the national right-to-die debate.
The law makes it a felony for anyone who "publicly advertises, offers or holds himself out as offering that he or she will intentionally and actively assist another person in the commission of suicide and commits any overt act to further that purpose."
The court's opinion, written by Justice Hugh Thompson, found that lawmakers could have imposed a ban on all assisted suicides with no restriction of free speech, or sought to prohibit all offers to assist in suicide that were followed by the act. But lawmakers decided to do neither, he said. |
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US Supreme Court won't review Venezuela suit
Legal Topics |
2012/01/27 17:06
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An Ohio investment group's lawsuit seeking to collect $100 million on three-decade-old Venezuelan promissory notes is headed back to a federal judge for further deliberations.
The decision by the U.S. Supreme Court not to hear the case was a setback for Venezuela, which argued that federal law protects it from U.S. lawsuits because it is a foreign state.
The high court declined on Monday to accept Venezuela's appeal of a 2010 federal appeals court decision that said the suit filed by Skye Ventures of Columbus could go forward in the U.S.
The 6th U.S. Circuit Court of Appeals also said a lower court must determine whether the case should be tried in Venezuela, which will be the next step.
Skye seeks payment on the notes from a defunct government-sponsored bank. |
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Court overturns Calif. slaughterhouse law
Legal Topics |
2012/01/23 18:23
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The Supreme Court on Monday blocked 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 high court ruled that the state's 2009 state law was blocked from going into effect by federal law administered by the Agriculture Department's Food Safety and Inspection Service. .
Federal law "precludes California's effort ... to impose new rules, beyond any the FSIS has chosen to adopt, on what a slaughterhouse must do with a pig that becomes non-ambulatory during the production process," said Justice Elena Kagan, who wrote the court's unanimous opinion.
California strengthened regulations against slaughtering so-called "downer" animals after the 2008 release of an undercover Humane Society video showing workers abusing cows at a Southern California slaughterhouse. Under California law, the ban on buying, selling and slaughter of "downer" cattle also extends to pigs, sheep and goats.
But pork producers sued to stop the law, saying the new law interfered with federal laws that require inspections of downed livestock before determining whether they can be used for meat. |
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Court throws out judge-drawn Texas electoral maps
Legal Topics |
2012/01/21 18:09
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The Supreme Court on Friday threw out electoral maps drawn by federal judges in Texas that favored minorities. The decision ultimately could affect control of the U.S. House of Representatives and leaves the fate of Texas' April primaries unclear.
The justices ordered the three-judge court in San Antonio to come up with new plans that pay more attention to maps created by Texas' Republican-dominated state Legislature. All four of the state's new congressional seats could swing based on the outcome.
But the Supreme Court did not compel the use of the state's maps in this year's elections, as Texas wanted. Only Justice Clarence Thomas said he would have gone that far.
The court's unsigned opinion thus did not blaze any new trails in election law or signal retreat from a key provision of the Voting Rights Act, as some supporters of the law feared would result from this case.
Still, the outcome appeared to favor Republicans by instructing the judges to stick more closely to what the Legislature did, said election law expert Richard Hasen, a professor at the University of California, Irvine, law school. |
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