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Supreme Court says tribes must be fully reimbursed
Court Line News |
2012/06/18 12:51
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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. |
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Court tosses jury award in Katrina jail lawsuit
Court Line News |
2012/03/14 11:16
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A federal appeals court on Monday threw out a jury's award of more than $650,000 to two Ohio tourists who were arrested in New Orleans on public drunkenness charges two days before Hurricane Katrina's landfall and jailed for more than a month after the storm.
A three-judge panel from the 5th U.S. Circuit Court of Appeals ruled that Orleans Parish Sheriff Marlin Gusman didn't falsely imprison Robie Waganfeald and Paul Kunkel Jr., both of Toledo.
The men's lawyers argued during an October 2010 trial that they were entitled by law to be released within 48 hours unless probable cause was found to keep them in custody. But the 5th Circuit judges concluded the 48-hour rule was suspended because of the 2005 storm.
"The undisputed evidence in this case compels the conclusion that Hurricane Katrina was a bona fide emergency within the meaning of the emergency exception to the 48-hour rule," Judge Jacques Wiener wrote. "Indeed, if Katrina was not an emergency, it is difficult to imagine any set of facts that would fit that description."
Gusman said the court ruling's "speaks eloquently."
"Our priority throughout the days and weeks surrounding Hurricane Katrina was the safe transfer of more than 6,000 inmates in an unprecedented movement that had never been attempted in the history of Orleans Parish or the state of Louisiana," Gusman said in a statement. "All of those inmates arrived at their destinations without a single fatality or serious injury. "
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Health care lawyer Clement as high court regular
Court Line News |
2012/03/12 11:52
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Paul Clement used to argue for the federal government's power until he started arguing against it.
But he's no flip-flopping political candidate; he's a lawyer. Changes like this are part of his job.
Clement is playing a key role in three politically charged Supreme Court cases in which Republican-led states object to Obama administration policies or federal laws on health care, immigration and redrawing political boundaries.
In the biggest of those, the 45-year-old law school acquaintance of President Barack Obama will be trying to sink Obama's health care overhaul.
Not that long ago, Clement would regularly stand before the justices and defend even the most aggressive uses of federal power, making his case without written notes and parrying questions with an easy banter.
He argued for the Bush administration's policy on detaining suspected terrorists, a federal law outlawing a medical procedure called "partial-birth abortion" by opponents, the McCain-Feingold law aimed at limiting the influence of money in politics and a federal ban on the use of marijuana for medical purposes.
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Glancy Binkow & Goldberg LLP Announces Class Action
Court Line News |
2012/03/11 11:52
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Glancy Binkow & Goldberg LLP announces that a class action lawsuit has been filed in the United States District Court, Northern District of Alabama, on behalf of purchasers of the common stock of Walter Energy, Inc. between April 20, 2011 and September 21, 2011, inclusive (the “Class Period”), alleging violations of the Securities Exchange Act of 1934. Walter Energy produces and exports metallurgical coal for electric utility and industrial customers in the United States.
The Complaint alleges that defendants misrepresented or failed to disclose material adverse facts about the Company’s business and financial prospects, including that: (1) the Company was experiencing so-called “squeeze” events in Alabama and lower coal transportation rates in Canada that significantly reduced the Company’s coal production; (2) the Company’s commitment to ship more than 700,000 tons of coal in the second quarter, at first quarter sales prices, would result in a material adverse effect on Walter Energy’s second-quarter average sales prices and operating results; (3) the Company was experiencing a significant decline in its margins and profitability; and (4), based on the foregoing, defendants lacked a reasonable basis for their positive statements about the Company’s business and financial prospects during the Class Period.
No class has yet been certified in the above action. Until a class is certified, you are not represented by counsel unless you retain one. If you purchased Walter Energy common stock between April 20, 2011 and September 21, 2011, you have certain rights, and have until March 26, 2012 to move for lead plaintiff status.
www.glancylaw.com
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Mo. court denies tax break for convenience stores
Court Line News |
2012/03/07 09:34
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Missouri's highest court says convenience stores cannot claim a tax break on the electricity used to prepare food.
The Supreme Court's decision Tuesday hinged on whether the act of warming or cooking food qualified as "processing" a product. If so, then the electricity used for food preparation could qualify for a state sales tax exemption.
In a 5-2 decision, the Supreme Court ruled that food preparation was not "processing" and the tax break could not be claimed.
Casey's General Stores had sought the tax break for one month of electricity used at stores in Grain Valley and Greenwood.
The Missouri Department of Revenue said it did not have a specific figure for what might have been owed to Casey's, or to other companies that might have made similar claims.
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Attorney: Accused NYC madam unfair target of case
Court Line News |
2012/03/06 09:35
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Prosecutors and defense attorneys have presented contrasting views of a New York woman jailed on a seven-figure bail on a single charge of promoting prostitution.
Anna Gristina's lawyers have portrayed her as a dedicated suburban mom, animal rescuer and former real estate broker who was working on building an online dating service. They said she's a target of an unfairly sensationalized case.
But prosecutors contend she's an arrogant, multimillion-dollar madam who boasted of ties to law enforcement and stashed cash to flee if authorities tried to close in on her.
"A caring mother of four has been slapped with a $2 million bond," one of her lawyers, Peter J. Gleason, said after a judge refused Tuesday to lower the bail.
In an interview Wednesday on "Good Day New York," Gleason said the prosecution has not shared with the defense team information about its allegations that the Monroe, N.Y., woman peddled underage girls and had police protection.
He said the underage allegation was "a ploy that the police will sometimes use if they have a hostile client that they want to break," he said.
He also said he never asked his client about reports of a "black book" containing names of influential clients.
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