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Court says FOIA request cannot be used in lawsuit
Law Center |
2011/05/17 08:47
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The Supreme Court says a Freedom of Information Act request cannot be used to trigger a False Claims Act lawsuit.
The court on Monday voted 5-3 to agree with arguments by Schindler Elevator Corp., which sought to get a lawsuit against it dismissed.
Daniel Kirk, a former employee, sued on behalf of the government, claiming Schindler had not complied with reporting requirements involving the employment of Vietnam veterans.
But a judge threw out his lawsuit, saying Kirk's information came from a FOIA request. The False Claims Act says that lawsuits cannot be filed using publicly disclosed information. The judge said FOIA reports were public information.
The 2nd U.S. Circuit Court of Appeals in New York City overturned that decision but the high court said it was correct.
Justice Clarence Thomas wrote the court's opinion, joined by Chief Justice John Roberts and Justice Antonin Scalia, Anthony Kennedy and Samuel Alito.
Justice Ruth Bader Ginsburg dissented and was joined by Justices Stephen Breyer and Sonia Sotomayor. |
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Court lets Minn. corporate disclosure law stand
Court Watch |
2011/05/17 08:47
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A federal appeals court has affirmed a judge's decision to let stand Minnesota's law requiring the disclosure of corporate political donations, saying the state's rules are similar to laws upheld by the Supreme Court and the groups who want them blocked are unlikely to prevail.
In an opinion filed Monday, the 8th Circuit Court of Appeals disagreed with claims that Minnesota's disclosure requirements effectively prohibit corporate independent expenditures and impose burdensome regulations that ban free speech.
"The burden on corporations appears light, and the reporting requirement greatly facilitates the government's informational interest in monitoring corporate independent expenditures," the appeals court found. The judges wrote that rather than banning contributions, the law provides a way to disclose certain information.
Minnesota law requires that in election years, businesses and independent groups must submit five reports and disclose large donations within 24 hours for the three weeks leading up to the primary and the last two weeks before the general election. In off years, one report is required. The registration requirement is triggered when businesses or independent funds spend more than $100. Penalties for violations can be up to $25,000.
One member of the three-judge panel disagreed with the majority in part, saying the state's reporting requirements chill political speech.
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Court sides with police in warrantless search
Law Center |
2011/05/17 03:48
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The Supreme Court on Monday ruled against a Kentucky man who was arrested after police burst into his apartment without a search warrant because they smelled marijuana and feared he was trying to get rid of incriminating evidence.
Voting 8-1, the justices reversed a Kentucky Supreme Court ruling that threw out the evidence gathered when officers entered Hollis King's apartment.
The court said there was no violation of King's constitutional rights because the police acted reasonably. Only Justice Ruth Bader Ginsburg dissented.
Officers knocked on King's door in Lexington and thought they heard noises that indicated whoever was inside was trying to get rid of incriminating evidence.
Justice Samuel Alito said in his opinion for the court that people have no obligation to respond to the knock or, if they do open the door, allow the police to come in. In those cases, officers who wanted to gain entry would have to persuade a judge to issue a search warrant. |
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Ala. chief justice warns more court layoffs coming
Political and Legal |
2011/05/16 08:47
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Alabama Chief Justice Sue Bell Cobb warned the state's judges and circuit clerks Monday to expect substantial layoffs because of the budget crisis in the state judicial system.
Cobb met with judges and clerks mostly by conference call Monday. The meeting was not open to news reporters or the public. She said 270 court employees have already lost jobs in the past two years because of budget cuts, and she expects another 265 court workers to be laid off during the coming fiscal year that begins Oct. 1.
Cobb told The Associated Press that she had hoped to receive a $10 million supplemental appropriation from the Legislature to help the courts get through the remainder of the current year. She said that is unlikely now because the money is needed to help with recovery from last month's violent tornadoes that killed more than 200 in Alabama.
She said she doesn't expect to receive the supplemental appropriation and she also believes a bill to raise the state's cigarette tax by $1 a carton is dead for this session. Some proceeds from the cigarette tax were to go to the courts.
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Costs Of Oklahoma DHS Lawsuit Mounting
Breaking Legal News |
2011/05/16 08:46
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Oklahoma taxpayers have spent about $4.2 million on attorneys since April 2008 for the state Department of Human Services to defend a class-action lawsuit alleging abusive conditions in the state's foster-care system, records show.
The suit was filed in February 2008 in federal court in Tulsa by Children's Rights. The New York-based nonprofit accuses the state of placing foster children in danger because of systemic deficiencies including too many cases per worker, not enough home visits, multiple placements and not enough foster parent training.
DHS is facing a shortfall in the next budget of about $39 million and is considering cutting staffing levels and changing the eligibility standard to receive child-care subsidies.
"It's unfortunate that funds have to be spent to defend the state against unmerited claims," said DHS spokeswoman Sheree Powell in an emailed statement. |
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2nd class-action suit filed against Combs
Class Action |
2011/05/14 08:44
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A second class-action suit has been filed in federal court in Houston against Comptroller Susan Combs on behalf of 3.5 million Texans whose personal information was accidentally exposed online. Attorney Muhammad Aziz told the Houston Chronicle that the plaintiffs are seeking a $1,000 penalty "for each of these individuals whose privacy was violated by the comptroller." Combs' office said April 11 that it discovered it mistakenly posted the data, including names and Social Security numbers, on a publicly accessible server for months. Combs has publicly apologized, blaming human error for the data release, and has announced free credit monitoring for anyone who's been affected. She said she cannot comment on litigation. |
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AT&T wage lawsuit cannot proceed as class-action
Court Watch |
2011/05/13 08:44
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AT&T Inc won a ruling from a Manhattan federal judge to decertify a class-action lawsuit by more than 4,100 workers who complained its mobile unit failed to properly pay wages and overtime.
The ruling, by U.S. District Judge Jed Rakoff in favor of AT&T Mobility LLC, came two weeks after the U.S. Supreme Court, by a 5-4 vote, upheld the company's ability to require customers to waive their right to class-based arbitrations to resolve disputes, even over small sums.
In the wage case, Gamze Zivali, a Brooklyn, New York resident and assistant store manager, accused AT&T Mobility of requiring her to spend 10 to 15 unpaid hours per week answering e-mails, texts and phone calls, and performing other work.
Rakoff in July 2009 granted "conditional" permission for other AT&T Mobility workers to join the case, and allege they were victims of a "common policy or plan" that violated federal labor laws. More than 4,100 workers joined the case.
But in a decision made public late Thursday, Rakoff said there was "an extremely wide variety of factual and employment settings" among the workers, their managers and retail stores.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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