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Tenn. Attorney General Wants Court to Set Aside Municipal Broadband Ruling
Criminal Law |
2015/03/27 16:09
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Tennessee's attorney general wants a federal appeals court to set aside a recent decision by the Federal Communications Commission to allow cities like Chattanooga to offer municipal broadband beyond their normal service area.
State Attorney General Herbert Slatery said in the filing with the 6th U.S. Circuit Court of Appeals that the FCC had "unlawfully inserted itself between the state of Tennessee and the state's own subdivisions."
Slatery had been among several prominent Tennessee Republicans who had urged the FCC not to override a state law that blocks Chattanooga's electric utility from expanding its super-fast Internet network to surrounding areas. Other letter writers included Tennessee Gov. Bill Haslam and the state House and Senate speakers.
The FCC nevertheless voted 3-2 last month in favor of the utilities in Chattanooga and Wilson, North Carolina. President Barack Obama had pushed for the FCC's decision, saying the state laws stifled competition and economic development.
FCC Chairman Tom Wheeler, who voted with the majority, said at the time that some states have created "thickets of red tape designed to limit competition." The ruling was opposed by the commission's two Republican members, who argued it was outside the panel's authority, violated states' rights and undermined private enterprise.
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Appeals court in Va. reviewing NC abortion law
Criminal Law |
2014/10/30 09:34
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North Carolina's solicitor general on Wednesday urged a federal appeals court to revive a state law that would require abortion providers to show and describe an ultrasound of the fetus to the pregnant woman, even if the patient refuses to look or listen.
John Maddrey told a three-judge panel of the 4th U.S. Circuit Court of Appeals that the provision adds "relevant, truthful, real-time information" to North Carolina's informed consent law. The state is appealing U.S. District Judge Catharine Eagles' ruling in January that the mandate violates abortion providers' free-speech rights.
North Carolina's solicitor general on Wednesday urged a federal appeals court to revive a state law that would require abortion providers to show and describe an ultrasound of the fetus to the pregnant woman, even if the patient refuses to look or listen.
John Maddrey told a three-judge panel of the 4th U.S. Circuit Court of Appeals that the provision adds "relevant, truthful, real-time information" to North Carolina's informed consent law. The state is appealing U.S. District Judge Catharine Eagles' ruling in January that the mandate violates abortion providers' free-speech rights. |
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Mom accused of killing 6 babies appears in court
Criminal Law |
2014/10/22 13:00
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A Utah judge will get his first chance in December to hear the evidence against a woman accused of killing six of her seven newborns and storing all of their bodies in her garage.
Attorneys for Megan Huntsman, 39, decided Monday not to waive their right to a preliminary hearing. That proceeding has been set for Dec. 11. At the conclusion of the hearing, a judge will decide if there is sufficient proof to send the case to trial.
Huntsman is in jail on $6 million bail, charged with six counts of first-degree murder. She has not yet entered a plea. She made a brief appearance in court Monday, but didn't speak.
Huntsman's estranged husband discovered the infants' bodies on April 12 while cleaning out the home they had shared in Pleasant Grove, Utah, a city of about 35,000 south of Salt Lake City.
Police say Huntsman strangled or suffocated the infants from 1996 to 2006, and that a seventh baby found in her garage was stillborn. Investigators believe Huntsman was addicted to methamphetamine and didn't want to care for the babies.
DNA results have revealed that all seven babies were full term and that her now-estranged husband, Darren West, was the biological father of the infants.
Huntsman lived with West during the 10-year period the children were killed, but he is not considered a suspect in the deaths. He went to prison in 2006 and spent more than eight years behind bars after pleading guilty to drug charges.
West made the grisly discovery while cleaning out the garage. He called police to report finding a dead infant in a small white box covered with electrician's tape. Six other bodies were found wrapped in shirts or towels inside individual boxes in the garage after police obtained a search warrant. |
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US Supreme Court lets Equifax tax ruling stand
Criminal Law |
2014/06/30 16:02
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The U.S. Supreme Court said Monday that it won't hear an appeal from credit bureau Equifax Inc. involving what it considered an adverse tax ruling in Mississippi.
The appeal was a reaction to a 2013 Mississippi Supreme Court decision that Equifax had to prove that it didn't earn any taxable income in the state. The state Department of Revenue examined Equifax's income and allocated some to Mississippi, ruling it owed taxes and penalties.
The Mississippi court upheld the Revenue Department's calculation of the company's taxes based on revenue earned in Mississippi, thus increasing its tax liability from zero to over $700,000, according to court documents.
The Council on State Taxation, Georgia Chamber of Commerce and The Institute for Professionals had filed "friend of the court" briefs in the case.
Lawmakers responded during the 2014 session by passing a law to change how the state collects taxes.
A key part of the law could make it harder for the state to rule that multistate corporations are paying too little in taxes to Mississippi. It says the Department of Revenue would have to present clear and convincing proof before it could reallocate how a company splits its income among states, and only do so in "limited and unique, nonrecurring circumstances."
The Department of Revenue estimates all changes in the law, including a phase-in of lower interest rates for overdue taxes, will cost Mississippi $100 million a year. |
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Orange County man guilty of wife's murder-for-hire
Criminal Law |
2014/04/21 12:54
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An Orange County man accused of hiring hit men to murder his wife so he could avoid a costly divorce has been convicted of murder.
A district attorney's statement Friday says 61-year-old Magdi Girgis (MOG'-dee GURR-ghiss) of Westminster has been found guilty in the 2004 killing.
A few days before her death, 55-year-old Ariet (AHR'-ee-et) Girgis had testified in a domestic violence case against her husband, saying her marriage was "miserable." He was convicted on domestic violence charges after her death.
Two suspects allegedly entered the victim's home in Sept. 2004 and murdered her with a sharp object.
Prosecutors say the killer and a middleman involved in the contract slaying remain at large.
A third person, Anthony Edward Bridget, was arrested last year and faces charges including conspiracy and murder. |
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Court Watch
Criminal Law |
2014/03/14 14:04
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An appellate court in Chicago says transcripts of FBI wiretaps not played at Rod Blagojevich's corruption trials will remain sealed.
The 7th U.S. Court of Appeals is still mulling its decision on the imprisoned former Illinois governor's request to toss his convictions.
Appellate courts typically unseal documents submitted as part of an appeal. But prosecutors later asked that the transcripts submitted to the appeals court not entered into evidence at the trials remain under seal. Blagojevich's attorneys wanted them opened.
But in its order posted Tuesday, the court said that if it eventually agrees the trial judge erred by not admitting the unplayed wiretaps at trial, they will then be unsealed.
The court's expected to rule on the appeal soon.
Blagojevich is serving a 14-year sentence for multiple corruption convictions. |
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Supreme Court allows Stanford Ponzi scheme suits
Criminal Law |
2014/02/28 13:02
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The Supreme Court ruled Wednesday that victims of former Texas tycoon R. Allen Stanford's massive Ponzi scheme can go forward with class-action lawsuits against the law firms, accountants and investment companies that allegedly aided the $7.2 billion fraud.
The decision is a loss for firms that claimed federal securities law insulated them from state class-action lawsuits and sought to have the cases thrown out. But it offers another avenue for more than 21,000 of Stanford's bilked investors to try to recover their lost savings.
Federal law says class-action lawsuits related to securities fraud cannot be filed under state law, as these cases were. But a federal appeals court said the cases could move forward because the main part of the fraud involved certificates of deposit, not stocks and other securities.
The high court agreed in a 7-2 decision, with the two dissenting justices warning that the ruling would lead to an explosion of state class-action lawsuits. |
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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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