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Wis. Supreme Court takes payday loan case
Court Watch |
2011/09/26 09:42
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The state Supreme Court has agreed to decide whether Wisconsin law permits judges to determine when payday loan interest rates are too high.
The court will consider whether state statutes block judges from determining if a particular interest rate is unconscionable and, if they don't, what evidence would prove rates are too high.
The case stems from loans Jesica Mount of Onalaska secured from Payday Loan Stores of Wisconsin Inc. in 2008. According to court documents, annual interest rates on the loans varied from 446 percent to 1,338 percent.
The loan company filed a lawsuit against Mount after she failed to make her payments. Mount filed a counterclaim alleging the loans violated the Wisconsin Consumer Act because the rates were unconscionable. |
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Court sets aside class-action suit by Costco women
Court Watch |
2011/09/20 23:37
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Citing the U.S. Supreme Court's recent Walmart ruling, a federal appeals court set aside - but did not dismiss - a class-action suit by more than 700 women who accused discount retailer Costco of using an "old-boys' network" to bypass them for promotions.
A federal judge in San Francisco ruled in 2007 that the women had presented enough evidence of a "common culture" at Costco to proceed with a single nationwide suit against the company, rather than file individual claims.
The Ninth U.S. Circuit Court of Appeals overturned that decision Friday, relying in part on the Supreme Court's ruling in June dismissing a class action against Walmart by as many as 1.5 million female employees. The high court said the women had failed to show a company-wide policy that allegedly led to gender-based disparities in pay and promotions.
Likewise, the appeals court said, the Costco plaintiffs have not yet shown that they have enough in common to justify a class action.
The court said opposing expert witnesses disagreed about a central issue - whether the company promoted women less often than men in all regions or only a few - and said U.S. District Judge Marilyn Hall Patel should have resolved the dispute before letting the case proceed.
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Court reinstates $675,000 damages for downloading
Court Watch |
2011/09/20 23:37
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A federal appeals court has reinstated a $675,000 judgment against a Boston University student who illegally downloaded and shared songs on the Internet.
In 2009, a jury in Boston awarded $675,000 to the Recording Industry Association of America, representing four record labels, in a lawsuit filed against Joel Tenenbaum.
A judge later reduced the award to $67,500, finding the original penalty "unconstitutionally excessive."
In his appeal, Tenenbaum sought to overturn the penalty. But the 1st U.S. Circuit Court of Appeals reinstated the full award in a ruling Friday.
Tenenbaum's lawyers argue that federal copyright laws and the Digital Theft Deterrence Act were not meant to target consumers. Lawyers representing the recording industry argue that the economic impact of illegal downloading is much greater than the sharing of one song.
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Appeals court upholds sentence in Ponzi scheme
Court Watch |
2011/09/19 23:38
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A federal appeals court has upheld the 30-year prison sentence for a man convicted of operating what prosecutors called the largest Ponzi scheme in Louisiana's history.
In a 15-page opinion issued Friday, the 5th U.S. Circuit Court of Appeals affirmed the sentence for Matthew Pizzolato, of Tickfaw.
Pizzolato also was ordered to make over $15 million in restitution to the 165 victims he defrauded. He had offices in Baton Rouge, Covington, Hammond and Lake Charles and advertised investment services under several company names, including Gulf Region Guaranty Inc.
Prosecutors said he promised high rates of return and claimed investors' money was protected against losses, but made risky investments they didn't authorize, gave away millions to friends and family and spent much of the money on luxury items for himself.
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Ga. court upholds Open Meetings fines
Court Watch |
2011/09/15 23:38
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Georgia's top court is requiring the city of Statesboro to pay the legal costs of residents who sued it for violating the state's Open Meetings Act.
The unanimous opinion released Monday upholds a Bulloch County judge's ruling that requires the city pay $4,250 in legal fees after it found the Statesboro mayor and city council met outside the Statesboro City Hall chambers to discuss the city's 2011 budget.
A group of residents sued the city, mayor and five council members and sought an injunction barring any more "secret" meetings, and the city appealed after a judge ruled against it in September 2010.
The opinion written by Justice Harold Melton says "the Open Records Act explicitly authorizes the assessment of attorney fees."
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Guilty plea for Va. man in $318K Social Security fraud
Court Watch |
2011/09/09 08:48
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A Bristol man has pleaded guilty to stealing Social Security benefits and making false statements in an attempt to hide the thefts.
Seventy-one-year-old David Ross entered the plea Thursday in federal court in Abingdon.
Ross faces a sentence of up to 65 years in prison on all counts.
Federal prosecutors say Ross admitted stealing more than $318,000 in benefits that had been intended for his mother, who died in 1971. He told the Social Security Administration that his mother died in December 2010.
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Group seeks appellate action on gays in military
Court Watch |
2011/09/01 01:40
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The military's ban on openly gay troops will be lifted within weeks, but the policy can still be re-enacted in the future.
That's why a Republican gay rights organization that sued the Obama administration to stop enforcement of the policy says it will ask the 9th U.S. Circuit Court of Appeals on Thursday to declare the nearly 18-year-old law unconstitutional, affirming a lower court's ruling last year.
With several Republican presidential candidates, including Rep. Michele Bachmann, indicating they would favor reinstating the ban if elected, such a ruling is needed, said Dan Woods, the attorney for the Log Cabin Republicans. Declaring the law unconstitutional would also provide a legal path for thousands discharged under the policy to seek reinstatement, back pay or other compensation for having their careers cut short, Woods said.
"The repeal of 'don't ask, don't tell' doesn't say anything about the future," Woods said. "It doesn't (explicitly) say homosexuals can serve. A new Congress or new president could come back and reinstitute it. We need our case to survive so there is a constraint on the government to prevent it from doing this again."
During her campaign stop in Iowa in August, Bachmann told interviewer Candy Crowley on CNN's "State of The Union" when asked whether she would reinstitute the law: "It worked very well and I would be in consultation with our commanders, but I think, yes, I probably would."
Justice Department attorneys have filed a motion asking the appeals court to dismiss the case, arguing that the repeal process that will lift the ban Sept. 20 makes the lawsuit irrelevant.
The Log Cabin Republicans successfully won an injunction by U.S. District Judge Virginia Phillips last year that halted enforcement of "don't ask, don't tell" briefly, before the 9th Circuit reinstated it.
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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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