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Supreme Court refuses to hear Kentucky foster care case
Insurance |
2017/10/21 11:52
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The U.S. Supreme Court has refused to hear a case involving a growing number of Kentucky relatives providing free foster care for children.
The result is that Kentucky must begin paying those relatives the same as they do licensed foster families, news outlets report.
The nation's high court on Tuesday refused to hear an appeal from the Kentucky Cabinet for Health and Family Services. The cabinet was seeking to overturn a ruling earlier this year by the 6th U.S. Circuit Court of Appeals that said the state must pay relatives who take in foster children.
The case revolved around a lawsuit filed by Lexington lawyer Richard Dawahare on behalf of a great-aunt who took in two young boys but was denied foster payments from the state.
"We have won, our clients have won and it's a big deal," Dawahare said. "Right now, the relatives are entitled and they need to make their claim."
A cabinet spokesman didn't immediately respond to a request for comment.
The news will be celebrated by many relatives across Kentucky caring for children but not eligible for daily payments even as licensed foster parents are paid a base rate of about $25 a day or $750 a month.
Among them is Kimberly Guffy of Russellville, Kentucky, who said she and her husband have been caring for two small grandchildren for more than three years with no foster care help from the cabinet.
"The days of the cabinet's reliance on relatives to balance its budget are over," she told The Courier-Journal.
Guffy said she didn't hesitate to take in the children, one a newborn and the other a 16-month-old, but it has been a struggle, especially for the first year when child care costs reached $10,000.
The cabinet has since agreed to assist with child care costs but refused foster payments. Social workers at one point told her that if the family couldn't afford to care for the children, they would be placed in a foster home.
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Ohio Supreme Court hears dispute on abortion clinic closure
Insurance |
2017/09/11 22:58
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Government attorneys have asked the Ohio Supreme Court to uphold the state Health Department's order to shut down Toledo's last abortion clinic.
The case involves one of several restrictions Ohio lawmakers have placed on abortion clinics in recent years.
The court on Tuesday heard arguments over the Health Department's 2014 order to close Capital Care of Toledo.
The department says the clinic's lack of a patient-transfer agreement with a local hospital should force it to close.
Such agreements were mandated, and public hospitals barred from providing them, under restrictions passed in 2013.
Lower courts have ruled the restrictions unconstitutional.
The court's chief justice on Tuesday asked about an alternative for women in the city of 275,000 residents if the clinic closed. The closest clinic is an hour's drive away in Michigan.
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Court eyes Massachusetts church-state dispute
Insurance |
2017/09/09 22:57
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An attorney says a Massachusetts town should not be barred from giving public funds to support the restoration of a historic building just because it happens to be a church.
Nina Pickering-Cook told Massachusetts' highest court on Thursday that communities' ability to protect their historic resources shouldn't change because the structures are owned by a religious entity.
At issue is whether the town of Acton violated Massachusetts' constitution when it approved more than $100,000 in community preservation grants to restore stained-glass windows and identify other needs at a church.
Douglas Mishkin is an attorney for the taxpayers who brought the lawsuit. Mishkin told the court that active houses of worship are clearly prohibited from getting taxpayer dollars.
The Supreme Judicial Court is expected to rule in the coming months.
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Dispute over rights to Tom Clancy's Jack Ryan goes to court
Insurance |
2017/08/30 00:15
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Tom Clancy's widow wants a court to rule that the author's estate is the exclusive owner of the rights to his famous character Jack Ryan.
News media outlets report that Alexandra Clancy's lawsuit says that the author's estate should be the sole beneficiary of any posthumous books featuring the character who was first introduced in "The Hunt for Red October."
Alexandra Clancy is suing the personal representative of Clancy's estate, J.W. Thompson Webb, for allowing other entities to profit from posthumous book revenues. Clancy's first wife, Wanda King, is a partial owner of those other entities.
The lawsuit says: "Tom Clancy made Jack Ryan; and in a sense, Jack Ryan made Tom Clancy."
The lawsuit was filed in the Circuit Court in Baltimore. Tom Clancy died in 2013.
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Academic accused in Chicago killing due in California court
Insurance |
2017/08/03 10:18
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A Northwestern University microbiologist suspected in the stabbing death of a 26-year-old Chicago man is due in a California courtroom.
Wyndham Lathem and Oxford University financial officer, Andrew Warren, were sought in a cross-country chase on first-degree murder charges in the death of Trenton James Cornell-Duranleau. His body was found July 27 in an apartment near downtown Chicago.
Lathem and Warren were fugitives for more than a week before separately turning themselves in to California authorities. They have yet to be charged.
The 42-year-old Lathem is being held without bail in Alameda County. His court appearance is Monday in the city of Pleasanton.
Attorney Barry Sheppard says he expects Lathem to waive extradition. He also urged the public to wait until all the facts are released before making judgments.
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Kansas court upholds death sentence in 1996 slaying
Insurance |
2016/10/22 21:40
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Kansas' highest court on Friday upheld the death sentence of a man convicted of killing a college student 20 years ago.
The Kansas Supreme Court let stand Gary Kleypas' death sentence in the 1996 rape and stabbing death of 20-year-old Pittsburg State University student Carrie Williams. Kleypas, 61, was the first person condemned in Kansas after it reinstated the death penalty in 1994. Kansas hasn't executed anyone in more than 50 years, although 10 men are on the state's death row.
In its 166-page ruling, the Topeka-based high court did throw out Kleypas' conviction of attempted rape and ordered him resentenced for aggravated burglary.
"Considering the errors we have found singularly and cumulatively, we hold that Kleypas' sentence of death was not imposed under the influence of passion, prejudice, or any other arbitrary factor," Justice Marla Luckert wrote for the court's majority.
Justice Lee Johnson dissented, reiterating his view that the death penalty is unconstitutionally cruel or unusual punishment.
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FEMA eyes debt take-back as hurricane season looms
Insurance |
2011/06/01 08:59
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Nearly six years have passed since Hurricane Katrina drowned New Orleans in misery, but many residents haven't forgiven the Federal Emergency Management Agency for its sluggish response to the storm. Now another delayed reaction by FEMA — a stop-and-start push to recoup millions of dollars in disaster aid — is reminding storm victims why they often cursed the agency's name. As a new hurricane season begins Wednesday, FEMA is working to determine how much money it overpaid or mistakenly awarded to victims of the destructive 2005 hurricane season. The agency is reviewing more than $600 million given to roughly 154,000 victims of hurricanes Katrina, Rita and Wilma and is poised to demand that some return money. FEMA already has sent letters to thousands of victims of other disasters, asking them to return more than $22 million. Letters to victims of the 2005 hurricanes could go out in a matter of months, but it's too soon to tell how many people will be told to repay or how much money is at stake. The effort isn't sitting well with victims who spent the money years ago and who could need help again if another powerful storm hits. It's of little consolation that FEMA says procedural changes since 2005 mean future disaster victims aren't likely to have to deal with large recalls of cash. Government forecasters are expecting an above average Atlantic storm season, with three to six major hurricanes that have winds of 111 mph or higher. While no hurricane that strong has made landfall since 2005, forecasters have warned that residents shouldn't count on that streak to continue. "When you get these high levels of activity the likelihood of a hurricane striking the U.S. goes up quite a bit," said Gerry Bell, lead seasonal hurricane forecaster at NOAA's Climate Prediction Center in Washington. Paul Wegener, whose New Orleans home flooded up to the gutters after Katrina, felt short-changed when FEMA gave him a $30,000 grant for a house that wound up costing more than $566,000 to rebuild. He applied for more through the state's Road Home program but was told he didn't qualify. The thought of having to return some of his federal aid only compounds his frustration. |
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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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