Iowa bill on same-sex marriage licenses in trouble
Areas of Focus | 2011/02/23 17:15

A measure that would bar Iowa county officials from issuing marriage licenses to same-sex couples faces a bleak future as it sits in a House committee.

Top Republicans on Thursday said they have no plans to debate the issue, viewing it a nod to the party's social conservative wing. Top Democrats argue the measure is unconstitutional and violates a 2009 Iowa Supreme Court decision striking down a state law defining marriage as being between one man and one woman.

Backers say introducing the measure is one more opportunity to voice their displeasure with how the marriage issue has been handled.

Republican Rep. Betty De Boef (dee-BUFF') says the issue has been handled badly and that some lawmakers want to take every opportunity to make that point.




Horizon Lines to plead guilty to fixing prices
Headline Legal News | 2011/02/21 17:13

U.S. authorities say the shipping company Horizon Lines LLC has agreed to plead guilty to fixing prices and to pay a $45 million fine.

A Justice Department statement Thursday says the company was accused of conspiring to fix rates and surcharges for freight transportation between the United States and Puerto Rico from May 2002 until April 2008.

Five former executives have been sentenced after pleading guilty in 2008 to charges related to the shipping conspiracy.

The Charlotte, North Carolina-based company has a fleet of 20 U.S.-flagged cargo ships that carry items including heavy equipment, medicines and consumer goods.

In June 2009, the company agreed to pay $20 million to settle a class action price-fixing lawsuit.



as man on Neb. death row appeals to high court
Headline Legal News | 2011/02/19 17:15

A Texas man on Nebraska's death row for killing two men has appealed his case to the state Supreme Court.

Marco Torres Jr., formerly of Pasadena, Texas, was convicted of two counts of first-degree murder and other charges in the 2007 shooting deaths of two Grand Island men, 48-year-old Timothy Donohue and 60-year-old Edward Hall.

Prosecutors said Torres fled to Texas after the shootings and burned Hall's car in a remote area. He was arrested in Houston.

Torres is asking the high court to throw out his conviction because some evidence shouldn't have been allowed, and his objection to the sentencing process shouldn't have resulted in a death sentence, among other things. Arguments will be heard March 2.



Fla. Ruling Big Tobacco Won Comes Back To Bite It
Headline Legal News | 2011/02/18 17:15

A Florida Supreme Court ruling that threw out a $145 billion award against cigarette makers is biting Big Tobacco back, making it dramatically easier for thousands of smokers to sue and turning the state into the nation's hot spot for damage awards.

The 2006 ruling has helped generate more than $360 million in damage awards in only about two dozen cases. Thousands more cases are in the pipeline in Florida, which has far more smoking-related lawsuits pending than any other state.

Though the justices tossed the $145 billion class-action damage award, they allowed about 8,000 individual members of that class to pursue their own lawsuits. And in a critical decision, they allowed those plaintiffs to use the original jury's findings from the class-action case.

That means the plaintiffs don't have to prove that cigarette makers sold a defective and dangerous product, were negligent, hid the risks of smoking and that cigarettes cause illnesses such as lung cancer and heart disease. The plaintiffs must mainly show they were addicted to smoking and could not quit, and that their illness — or a smoker's death — was caused by cigarettes.

Jurors have sided with smokers or their families in about two-thirds of the 34 cases tried since February 2009, when the first Florida lawsuit following the rules set by the Supreme Court decision went before a jury. Awards have ranged from $2 million or less to $80 million, though tobacco companies are appealing them all.



Father of music group members pleads guilty
Legal Topics | 2011/02/18 17:15
His voice barely audible, the patriarch of the acclaimed 5 Browns classical music group said "guilty" to each charge of sexually abusing his three daughters when they were children.

Thursday's admission in a Provo courtroom means that Keith Brown, 55, will go to prison for at least 10 years.

None of the sisters were in court, but a statement issued to The Associated Press by group spokesman Kimball Thomson said they were satisfied with the plea agreement.

"While clearly the current events surrounding the family are painful, the sisters were well prepared for this day, and are relieved and grateful to close this chapter in their lives," Kimball said.

Brown's three daughters and two sons are part of the classical piano group The 5 Browns, whose albums have topped the classical music charts and who have appeared on "Oprah" and other shows. The group also has been profiled by "60 Minutes."

Brown appeared in Fourth District Count with scratches and bruises on his face but with few other signs of the horrific crash three days earlier in which his Porsche plunged 300 feet into a canyon, also injuring his wife.



Maine federal judge lets class action in care suit
Headline Legal News | 2011/02/03 17:52

A federal judge in Maine says 40 residents with cerebral palsy, epilepsy and other conditions can join a lawsuit seeking to force the state to provide opportunities for them to live outside nursing homes.

On Monday, U.S. District Court Judge John Woodcock granted class-action status to a lawsuit filed by three men with cerebral palsy who want to live on their own but retain services provided by the Maine Department of Health and Human Services.

In the lawsuit filed in December 2009, the three argued the state violated the Americans with Disabilities Act and the Nursing Home Reform Act because it failed to make it possible for them to live outside nursing homes.

The Bangor Daily News says state officials couldn't be reached Wednesday because of the storm.



Too big to stop? Obama's overhaul lumbers on
Legal Business | 2011/02/02 17:51

Most insurers, hospital executives and state officials expect they'll keep carrying out President Barack Obama's health care overhaul even after a federal judge cast its fate in doubt by declaring all of it unconstitutional.

"It's still the law of the land," said William Hoagland, vice president for public policy at health insurer Cigna. "We'll continue to proceed with its requirements, and (the ruling) will not slow that down. We have no other choice until this thing is resolved one way or the other." Insurers spent millions to block passage of the law.

Health care accounts for about one-sixth of the economy, and many players in the sprawling sector have a love-hate relationship with Obama's health care remake. There's dissatisfaction with key provisions, and a sense that parts may be unworkable. But at the same time, it's seen as a vehicle to start addressing problems of cost and quality that, left to fester, could trigger more drastic consequences.

"I don't think people are going to hit the stop button," said Paul Keckley, executive director of the Deloitte Center for Health Solutions, a research arm of the consulting firm. "You probably don't make the big bets right now, but you make the incremental investments in case you have to make the big bets 6 or 12 or 18 months down the road. Everyone proceeds with an informed approach."

Monday's ruling by U.S. District Judge Roger Vinson in Florida had been expected to go against the Obama administration. But the scope of the decision in a lawsuit by 26 of the 50 states took some by surprise.

Vinson struck down the entire law after finding its requirement for nearly all Americans to carry health insurance unconstitutional. Another judge who reached the same conclusion in a separate case voided the individual insurance requirement and left everything else in place.




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