Pa.'s tough, new voter ID law heads to court
Court Watch | 2012/07/25 22:44
The first legal test for Pennsylvania's tough new voter identification law is arriving.

A state Commonwealth Court judge will begin a hearing Wednesday on whether to block the law from taking effect in this year's election while the court considers a challenge to its constitutionality.

The hearing could last a week.

The law is the subject of a furious debate over voting rights as Pennsylvania is poised to play a key role in deciding the presidential contest in the Nov. 6 election.

Republicans say it's necessary to prevent fraud. But Democrats say it's an election-year scheme to steal the White House and contend that there's no track record of fraud that it would prevent.

Republican Gov. Tom Corbett signed the law in March without a single Democratic lawmaker supporting it.


Goldman agrees to settle mortgage debt class action
Legal Business | 2012/07/20 18:26
Goldman Sachs Group Inc has agreed to settle a class-action lawsuit with investors who claimed losses on $698 million of securities backed by risky mortgage loans issued by defunct subprime lender New Century Financial Corp.

Lawyers for the investors said in a letter filed in U.S. District Court in Manhattan on Tuesday that a proposed settlement had been reached. Terms were not immediately disclosed, though they are expected to be included in court papers filed by July 31.

Goldman is one of many banks accused by U.S. legislators and regulators of fueling the nation's housing and financial crisis by misleading investors about the quality of mortgage debt they sold.

A federal judge in February ordered Goldman to face the class-action lawsuit that accuses it of defrauding investors in GSAMP Trust 2006-S2, a $698 million offering of certificates backed by second-lien home loans.

The loans were made by New Century, a subprime mortgage specialist that went bankrupt in 2007.

The investors, led by the Public Employees' Retirement System of Mississippi, contend the offering documents contained materially untrue statements about the underwriting and appraisal standards used by California-based New Century, the mortgage originator. Goldman securitized and issued the certificates.


Tenn. court says convicted killer can keep money
Headline Legal News | 2012/07/18 23:26
A Tennessee appeals court has reluctantly ruled that a Johnson City man convicted of killing his wife in a bathtub for the insurance money can keep $200,000 in life insurance proceeds.

The Knoxville News Sentinel reported Wednesday that the Tennessee Court of Appeals agreed with a trial court's decision to let Dale Keith Larkin keep the life insurance proceeds he collected in a settlement with the daughter of his wife, Teresa Larkin, who was found dead in a bathtub in 2003.

"This court is not happy with the results of our decision," wrote Appellate Judge D. Michael Swiney in the opinion released last week.

Teresa Larkin's body was found by her then-11-year-old daughter, Tia Gentry, in the bathtub of the Johnson City home she shared with her stepfather, Dale Keith Larkin.

The Johnson City Police Department continued to work the case and in 2009 convinced prosecutors to have her body exhumed. A second autopsy revealed that she had suffered 21 separate injuries, including a broken sternum and bone breaks in her arms, before she was found drowned in the bathtub.

Charges were filed against Dale Larkin and in February 2011 he was convicted in her death. He is now serving a life sentence.

Gentry filed a lawsuit alleging her stepfather tricked her into a settlement in the life insurance case by claiming he was innocent in her mother's death. She also cited a Tennessee law, also known as the "slayer's statute," that bars people convicted of murder from inheriting property from the victim.


Texas Voter ID Law to be Tested in a Federal Court
Headline Legal News | 2012/07/09 22:35
The fate of Texas' controversial new voter ID law - which requires voters to show photo identification at the polls - is set to be decided this week in a federal court in Washington.

The state, which claims the law will prevent voter fraud, is seeking to persuade a three-judge panel to uphold the statute. The Justice Department and a slew of intervening groups say the law disproportionately affects minority voters, violating the federal Voting Rights Act. They want it thrown out.

The case will be a test of the Voting Rights Act, passed in 1965, which was designed to protect minorities' rights to vote.

The Justice Department set up this week's court fight when it blocked implementation of the law in March. Texas quickly filed a lawsuit in federal court, bringing the two sides back to Washington for the second time in months.

The two sides spent two weeks earlier this year arguing in front of a similar three-judge panel about Texas' redrawn congressional maps. As now, the Justice Department claimed Texas was violating the federal Voting Rights Act. No final decision has been made in that case, but a federal court has approved interim maps that have allowed Texas elections to go ahead.


Cal Supreme Court rules in child death case
Headline Legal News | 2012/07/06 22:47
Welfare officials can take children from parents who negligently cause the death of a son or daughter, such as failing to place them in a car seat, even if there was no criminal harm, the California Supreme Court ruled.

The court ruled Thursday that a "breach of ordinary care" with fatal results is enough reason for child welfare agencies to act because it poses an inherent concern for the safety of siblings, the Los Angeles Times reported.

"When a parent's or guardian's negligence has led to the tragedy of a child's death, the dependency court should have the power to intervene," Justice Marvin R. Baxter wrote for the court.

"It's a big case for us, and it is a big case for the child welfare community," said Assistant County Counsel James M. Owens, who represented the Los Angeles County Department of Children and Family Services.

The case involved the 2009 death of an 18-month-old girl in South Los Angeles. Her father was driving her to a hospital after she fell off a bed and hurt her arm, according to court documents.

The baby was sitting on her aunt's lap when another car ran a stop sign and hit their vehicle.


GlaxoSmithKline settles healthcare fraud case
Headline Legal News | 2012/07/02 18:02
GlaxoSmithKline Plc has agreed to plead guilty to misdemeanor criminal charges and pay $3 billion to settle what government officials said on Monday is the largest case of healthcare fraud in U.S. history.

The agreement, which still needs court approval, would resolve allegations that the British drugmaker broke U.S. laws in the marketing of several pharmaceuticals.

GSK targeted the antidepressant Paxil to patients under age 18 when it was approved for adults only, and it pushed the drug Wellbutrin for uses it was not approved for, including weight loss and treatment of sexual dysfunction, according to an investigation led by the U.S. Justice Department.

The company went to extreme lengths to promote the drugs, such as distributing a misleading medical journal article and providing doctors with meals and spa treatments that amounted to illegal kickbacks, prosecutors said.


Peter Madoff pleads guilty in NYC, blames brother
Areas of Focus | 2012/07/01 18:02
In pleading guilty to criminal charges, Peter Madoff portrayed himself as a victim of a domineering older brother who he revered right up until an evening in December 2008 when his sibling revealed that his wildly successful investment business was a sham that lost its customers their nearly $20 billion investment.

"I was in total shock," Madoff said Friday as he described the confession by his older brother, Bernard. "My world was destroyed. I lost everything I worked for."

The 66-year-old Madoff, saying he was "deeply ashamed and terribly sorry," spoke angrily about his 74-year-old brother, who is serving a 150-year prison term after admitting his creation of the largest known Ponzi scheme.

"My family was torn apart as a result of my brother's atrocious conduct," he said. "I was reviled by strangers as well as friends who assumed that I knew about the Ponzi scheme."

He said his brother had made it clear that he would never become a partner in the business where he had worked since 1966, even as he was showered with tens of millions of dollars in salary, bonuses and other financial gifts. He made him the investment business's chief compliance officer.


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