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Supreme Court Backs Trump administration on Telecom Regulation
Tort Reform | 2026/06/05 06:57

The Supreme Court sided with the Trump administration Thursday in upholding the power of federal regulators to enforce data privacy laws on telecommunications companies.

The 8-1 decision preserved one of the Federal Communications Commission's key tools, though the companies also won a concession from the Republican administration that could shift the regulatory landscape.

The appeal from telecommunications giants Verizon and AT&T challenged a combined $100 million in penalties imposed after the agency determined that the companies had failed to safeguard customer location data.

The companies argued that the FCC's process was unconstitutional because it gave them little opportunity to tell their side of the story in front of a jury.

The administration defended the fines as an essential regulatory tool. But the government also said companies did not have to pay the penalties right away, a regulatory shift in the companies' favor.

The Supreme Court agreed, affirming the FCC's power to order fines when challenges are still available.

"The orders at issue did not settle the carriers' legal obligations because, stated simply, they did not create an obligation to pay," Chief Justice John Roberts wrote for the majority.

Justice Clarence Thomas, the lone dissenter, said he would have given the two telecom companies a clearer path to recouping the fines they already paid.

Other agencies use similar enforcement methods, so a sweeping victory for AT&T and Verizon could have had widespread effects, advocates said.

The environmental group Earthjustice applauded the ruling, saying it has direct implications for other agencies and a key energy-efficiency case.

"By rejecting this unsupported attack on agency authority, the Court's decision safeguards the government's ability to enforce laws that protect people, communities, and the environment," said Caroline Flynn, the group's Supreme Court counsel.

The libertarian-leaning New Civil Liberties Alliance was disappointed by the decision, but expected it to help other companies in the future. "In fact, it may even buttress their willingness to challenge future agency orders in federal court before paying any penalties," said the alliance's president, Mark Chenoweth.

A few more carriers may decide to litigate, but the decision leaves the FCC with the power to "publicly announce large fines with much fanfare," said Doug Orvis, a veteran telecom attorney. "It will be interesting to see what happens going forward."

The Supreme Court's conservative majority has sided against federal agencies and limited their power before. That includes overturning a decades-old decision that had given regulators an advantage in court and stripping another agency of a major tool in fighting securities fraud.



Prosecutors seek 50-year sentence in massive Minnesota nonprofit fraud case
Tort Reform | 2026/05/22 08:03

The former leader of a Minnesota nonprofit who was convicted for her role in a staggering $250 million fraud case that helped ignite a federal immigration crackdown should spend 50 years in prison, prosecutors argued in a court filing.

Aimee Bock, who ran the organization Feeding Our Future, which claimed it helped provide millions of meals to children in need during the pandemic, is set to be sentenced Thursday in federal court in Minneapolis. President Donald Trump used the fraud cases to initially justify a massive surge of federal officers to the Minneapolis-St. Paul area last winter, leading to a pushback by residents and the deaths of two people.

"Feeding Our Future operated like a cash pipeline, open to anyone willing to submit fraudulent claims and pay kickbacks," prosecutors said in the Monday filing. "The ripple effects of her actions are profound, immeasurable, and will have lasting consequences for both Minnesota and the nation."

Bock was convicted last year of multiple counts involving conspiracy, wire fraud and bribery. She has long insisted she is innocent.

Her lawyer, Kenneth Udoibok, argued in a separate filing that she shouldn't have to serve for more than 37 months in prison, saying she had provided information to investigators. He argued that Bock had been unfairly painted as the mastermind and insisted that two co-defendants were responsible for running the scams.

The nonprofit sat atop a fraud network that included a web of partner organizations, phony distribution sites, kickbacks and fake lists of children supposedly being fed, prosecutors say. Dozens of people, many from the state's large Somali community, have been convicted for their roles in a series of overlapping food fraud cases that have spent years in the courts.

Trump, who has long derided Somalis, last year blasted the state as "a hub of fraudulent money laundering activity." He also criticized the leadership of Gov. Tim Walz, the Democrats' vice presidential nominee in the 2024 election.

"Somali gangs are terrorizing the people of that great State, and BILLIONS of Dollars are missing. Send them back to where they came from," Trump wrote on social media.

Bock is white and the U.S. Attorney's Office says the overwhelming majority of defendants in the cases are of Somali descent. Most are U.S. citizens.

The immigration surge led to repeated protests and confrontations between residents and federal officers and resulted in the killings of Renee Good and Alex Pretti.



Supreme Court hollows out a landmark law that had protected minority voting rights
Tort Reform | 2026/05/16 09:38

President Lyndon B. Johnson knew the legislation he was about to sign was momentous, one that took courage for certain members of Congress to pass since the vote could cost them their seats.

To honor that, he took the unusual step of leaving the Oval Office and going to Capitol Hill for the signing ceremony. It was Aug. 6, 1965, five months after the "Bloody Sunday" attack on civil rights marchers in Selma, Alabama, gave momentum to the bill that became known as the Voting Rights Act.

In the six decades since, it became one of the most consequential laws in the nation's history, preventing discrimination against minorities at the ballot box and helping to elect thousands of Black and Hispanic representatives at all levels of government.

On Wednesday, the U.S. Supreme Court knocked out a major pillar of the law that had protected against racial discrimination in voting and representation. It was a decision that came more than a decade after the court undermined another key tenet of the law and led to restrictive voting laws in a number of states.

Voting and civil rights advocates were left fearful of what lies ahead for minority communities. "It means that you have entire communities that can go without having representation," said Cliff Albright, a co-founder of the group Black Voters Matter. "It is literally throwing us back to the Jim Crow era unapologetically, and that's not exaggeration."

Kareem Crayton, vice president of the Brennan Center for Justice's Washington office, said the court's steady work to erode the Voting Rights Act, culminating in Wednesday's decision, amounted to "burying it without the funeral."

The Supreme Court's ruling came in a congressional redistricting case out of Louisiana after the state created a district that gave the state its second Black representative to Congress.

It found that map to be an unconstitutional gerrymander because it took race into account to draw the lines. In an opinion written by Justice Samuel Alito, the court's conservative majority said the provision of the Voting Rights Act in question, called Section 2, was designed to protect voters from intentional discrimination.



Supreme Court temporarily extends women's access to a widely used abortion pill
Tort Reform | 2026/05/13 05:55

The Supreme Court is leaving women's access to a widely used abortion pill untouched until at least Thursday, while the justices consider whether to allow restrictions on the drug, mifepristone, to take effect.

Justice Samuel Alito's order Monday allows women seeking abortions to continue obtaining the pill at pharmacies or through the mail, without an in-person visit to a doctor. It prevents restrictions on mifepristone imposed by a federal appeals court from taking effect for the time being.

The court is dealing with its latest abortion controversy four years after its conservative majority overturned Roe v. Wade and allowed more than a dozen states to effectively ban abortion outright.

The case before the court stems from a lawsuit Louisiana filed to roll back the Food and Drug Administration's rules on how mifepristone can be prescribed. The state claims the policy undermines the ban there, and it questions the safety of the drug, which was first approved in 2000 and has repeatedly been deemed safe and effective by FDA scientists.

Lower courts concluded that Louisiana is likely to prevail, and a three-judge panel of the 5th U.S. Circuit Court of Appeals ruled that mail access and telehealth visits should be suspended while the case plays out.

The drug is most often used for abortion in combination with another drug, misoprostol. Medication abortions accounted for nearly two-thirds of all abortions in the U.S. in 2023, the last year for which statistics are available.

The current dispute is similar to one that reached the court three years ago.

Lower courts then also sought to restrict access to mifepristone, in a case brought by physicians who oppose abortion. They filed suit in the months after the court overturned Roe.

The Supreme Court blocked the 5th Circuit ruling from taking effect over the dissenting votes of Alito and Justice Clarence Thomas. Then, in 2024, the high court unanimously dismissed the doctors' suit, reasoning they did not have the legal right, or standing, to sue.

In the current dispute, mainstream medical groups, the pharmaceutical industry and Democratic members of Congress have weighed in cautioning the court against limiting access to the drug. Pharmaceutical companies said a ruling for abortion opponents would upend the drug approval process.

The FDA has eased a number of restrictions initially placed on the drug, including who can prescribe it, how it is dispensed and what kinds of safety complications must be reported.

Despite those determinations, abortion opponents have been challenging the safety of mifepristone for more than 25 years. They have filed a series of petitions and lawsuits against the agency, generally alleging that it violated federal law by overlooking safety issues with the pill.

President Donald Trump's administration has been unusually quiet at the Supreme Court. It declined to file a written brief recommending what the court should do, even though federal regulations are at issue.

The case puts Trump's Republican administration in a difficult place. Trump has relied on the political support of anti-abortion groups but has also seen ballot question and poll results that show Americans generally support abortion rights.

Both sides took the silence as an implicit endorsement of the appellate ruling. Alito is both the justice in charge of handling emergency appeals from Louisiana and the author of the 2022 decision that declared abortion is not a constitutional right and returned the issue to the states.



Appeals court rules that Trump's asylum ban at the border is illegal
Tort Reform | 2026/04/30 18:59

An appeals court on Friday blocked President Donald Trump's executive order suspending asylum access at the southern border of the U.S., a key pillar of the Republican president's plan to crack down on migration.

A three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit found that immigration laws give people the right to apply for asylum at the border, and the president can't circumvent that.

The court opinion stems from action taken by Trump on Inauguration Day 2025, when he declared that the situation at the southern border constituted an invasion of America and that he was "suspending the physical entry" of migrants and their ability to seek asylum until he decides it is over.

The panel concluded that the Immigration and Nationality Act doesn't authorize the president to remove the plaintiffs under "procedures of his own making," allow him to suspend plaintiffs' right to apply for asylum or curtail procedures for adjudicating their anti-torture claims.

"The power by proclamation to temporarily suspend the entry of specified foreign individuals into the United States does not contain implicit authority to override the INA's mandatory process to summarily remove foreign individuals," wrote Judge J. Michelle Childs, who was nominated to the bench by Democratic President Joe Biden.

"We conclude that the INA's text, structure, and history make clear that in supplying power to suspend entry by Presidential proclamation, Congress did not intend to grant the Executive the expansive removal authority it asserts," the opinion said.

The administration can ask the full appeals court to reconsider the ruling or go to the Supreme Court.

The order doesn't formally take effect until after the court considers any request to reconsider.

White House press secretary Karoline Leavitt, speaking on Fox News, said she had not seen the ruling but called it "unsurprising," blaming politically-motivated judges.

"They are not acting as true litigators of the law. They are looking at these cases from a political lens," she said.

Leavitt said Trump was taking actions that are "completely within his powers as commander in chief."

White House spokeswoman Abigail Jackson said the Department of Justice would seek further review of the decision. "We are sure we will be vindicated," she wrote in an emailed statement.

The Department of Homeland Security said it strongly disagreed with the ruling.

"President Trump's top priority remains the screening and vetting of all aliens seeking to come, live, or work in the United States," DHS said in a statement.

Aaron Reichlin-Melnick, senior fellow at the American Immigration Council, said that previous legal action had already paused the asylum ban, and the ruling won't change much on the ground.

The ruling, however, represents another legal defeat for a centerpiece policy of the president.

"This confirms that President Trump cannot on his own bar people from seeking asylum, that it is Congress that has mandated that asylum seekers have a right to apply for asylum and the President cannot simply invoke his authority to sustain," said Reichlin-Melnick.

Advocates say the right to request asylum is enshrined in the country's immigration law and say denying migrants that right puts people fleeing war or persecution in grave danger.

Lee Gelernt, attorney with the American Civil Liberties Union, who argued the case, said in a statement that the appellate ruling is "essential for those fleeing danger who have been denied even a hearing to present asylum claims under the Trump administration's unlawful and inhumane executive order."

Las Americas Immigrant Advocacy Center, one of the plaintiffs in the lawsuit, welcomed the court decision as a victory for their clients.



Man run down, 50 years after killing girl in hit-and-run
Tort Reform | 2018/06/04 13:19
A Vietnam War veteran who confessed five years ago to killing a 4-year-old girl in a 1968 hit-and-run was trying to protect children when a woman drove her car onto a baseball field in Maine during a game, striking and killing him.

Screaming bystanders and ballplayers fled as Carol Sharrow, of Sanford, Maine, drove through an open gate onto the field Friday night, police said. Video shows the car driving around the infield, turning over home plate and then heading toward the stands behind third base.

Douglas Parkhurst, of West Newfield, was near the park's main gate before he was hit and Sharrow sped away, police said. Parkhurst died on the way to the hospital and no one else was hurt.

"It was awful," said Sanford resident, Karyn Bean, who said she saw Parkhurst being struck. "A car driving through the gate hitting a man who was pushing kids out of the way, then her driving up the road easily doing 50 to 60 miles per hour past us.

"It felt awful because we couldn't do anything."

Sharrow was scheduled to appear in court later Monday to face a manslaughter charge. She was to have an attorney appointed to represent her then.

Sharrow has two previous drunken driving convictions in Maine and New Hampshire, according to Sanford police Det. Sgt. Matthew Jones. Authorities have declined to say whether alcohol was involved on Friday.

Parkhurst was never charged in the hit-and-run death that killed Carolee Ashby on Halloween night in 1968. The statute of limitations had long run out when Parkhurst walked into a police station in 2013 and confessed after two interviews with investigators.

In his four-page confession obtained by the Syracuse Post-Standard during its reporting about the case, Parkhurst said he and his brother had been drinking before he hit the girl. He said his brother was passed out in the back seat.



Anti-business suits still surging, warns tort-reform expert
Tort Reform | 2007/03/21 09:02

Trial lawyers armed with anti-corporate lawsuits are still a threat despite recent courtroom victories for business, writes a prominent legal commentator.

Recent courtroom results like the U.S. Supreme Court's decision to bounce a punitive-damages case against Philip Morris have spurred optimism in boardrooms and business schools. BusinessWeek recently celebrated with a "How business trounced the trial lawyers" cover.

Yet despite the hubris, class action lawsuits targeting business are still alive and kicking across the country, warned Walter Olson in an editorial in yesterday's Chicago Tribune.

Olson edits the legal blogs Overlawyered.com and PointOfLaw.com and is a senior fellow at the Manhattan Institute.

He points out that in Louisiana and Mississippi, damage caused by Hurricane Katrina has sparked a feeding frenzy amongst some citizens and their lawyers. The New Orleans municipal government alone recently claimed $77 billion in losses caused by levee breaks.

Nor can tobacco companies in some states afford to breathe easier, as it were. California and Massachusetts recently made it simpler to bring tobacco-addiction suits while Louisiana left part of a huge punitive damages award stand, Olson pointed out.

States like Texas and Alabama have recently seen a sharp decline in lawsuits, Olson conceded, particularly out-of-state asbestos filings. But the effect has been similar to squeezing a balloon - the suits have popped up again in unreformed states like Illinois.

He warns business that, despite contrary media reports, nightmare class action suits are still kicking. "To call this a high-water mark is going to require more evidence than we've seen so far," he concluded.



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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 and help you redesign your existing law firm site to secure your place in the internet.
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