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Settlement Announced In U.S. Bank Overdraft Fee Class Action
Court Line News | 2012/07/02 11:03
U.S. Bank has agreed to pay $55 million to settle class action lawsuits that accused the bank of improperly manipulating its customers' debit card transactions in order to generate excess overdraft fee revenues.  The lawsuits, part of multidistrict litigation involving more than 30 different banks entitled In re Checking Account Overdraft Litigation, are pending before U.S. District Judge James Lawrence King in Miami.

The lawsuits claim that U.S. Bank's internal computer system re-sequenced the actual order of its customers' debit card and ATM transactions, by posting them in highest-to-lowest dollar amount rather than in the actual order in which they were initiated by customers and authorized by the bank.  According to the lawsuits, U.S. Bank's practice resulted in its customers being charged substantially more in overdraft fees than if the debit card and ATM transactions had been posted in the order in which they were initiated and authorized.

"We are pleased to have achieved this result for U.S. Bank customers who were adversely affected by this anti-consumer practice," said Robert C. Gilbert, Plaintiffs' Coordinating Counsel, who oversees and manages this multidistrict litigation with Co-Lead Counsel Aaron S. Podhurst and Bruce S. Rogow. 


Peter Madoff pleads guilty in NYC, blames brother
Lawyer Media News | 2012/07/02 11:03
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.


Court throws out FCC penalties for cursing, nudity
Court Line News | 2012/06/22 10:55
Broadcasters anticipating a major constitutional ruling on the government's authority to regulate what can be shown and said on the airwaves instead won only the smallest of Supreme Court victories Thursday.

The justices unanimously threw out fines and other penalties against Fox and ABC television stations that violated the Federal Communications Commission policy regulating curse words and nudity on television airwaves.

Forgoing a broader constitutional ruling, however, the court concluded only that broadcasters could not have known in advance that obscenities uttered during awards show programs on Fox stations and a brief display of nudity on an episode of ABC's "NYPD Blue" could give rise to penalties. ABC and 45 affiliates had been hit with proposed fines totaling nearly $1.24 million.


Etan Patz suspect's court date postponed to Oct. 1
Legal News | 2012/06/21 12:00
Prosecutors made it clear Wednesday they are still investigating and assessing a case against a man charged in a notorious 1979 child disappearance, agreeing with his lawyer to postpone a court date for three months for both sides to keep gathering information.

Pedro Hernandez had been due in court Monday as doctors evaluate his mental fitness for trial in the murder case surrounding Etan Patz, one of the first missing children whose picture ever appeared on a milk carton. But the Manhattan district attorney's office said Wednesday that both sides had agreed to put off Hernandez's appearance to Oct. 1 "to allow all parties to proceed with their investigations in a measured and fair manner."

Hernandez's lawyer, Harvey Fishbein, declined to comment.

Postponing court dates is far from unusual. But the three-month timeframe appears to allow plenty of time for both sides to see what information might be available to strengthen — or weaken — a court case that arose from a confession from a man who has struggled with mental illness and hallucinations, according to his lawyer and family.


Supreme Court says tribes must be fully reimbursed
Court Line News | 2012/06/18 12:51
The Supreme Court says the government must fully reimburse Native American tribes for money they spent on federal programs.

The federal government had agreed to fully reimburse money tribes spent on programs like law enforcement, environmental protection and agricultural assistance, but Congress capped the amount of money earmarked for that reimbursement. The tribes sued, and the 10th U.S. Circuit Court of Appeals in Denver said the money must be fully reimbursed.

The high court on Monday said the Ramah Navajo Chapter and other Native American tribes must get their money back.

Justice Sonia Sotomayor wrote the majority opinion for Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and Elena Kagan. Chief Justice John Roberts, and Justices Ruth Bader Ginsburg, Stephen Breyer and Samuel Alito dissented.


Penn State: Court should dismiss Spanier's lawsuit
Legal News | 2012/06/15 10:53
Penn State is asking a judge to dismiss a lawsuit filed against the university by its former president.

Graham Spanier sued May 25 to obtain old emails that he says are necessary to respond to Penn State's child sex-abuse probe.

Documents filed by Penn State on Thursday in Centre County court also argue that Spanier should have first requested the emails under the state's Right-to-Know law.

Penn State is conducting an internal investigation of how the university handled child molestation allegations against former assistant football coach Jerry Sandusky. Sandusky is currently on trial and has denied wrongdoing.


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