Court upholds conviction in parents' knife slaying

Legal Insight 2011/08/15 09:23   Bookmark and Share
The Michigan Court of Appeals has upheld first-degree murder convictions against an Oakland County man for stabbing his parents to death.

Mark Ott of White Lake Township was convicted in the fatal stabbings last year. The bodies of 57-year-olds Barbara and Michael Ott were discovered in February 2008 at their home in White Lake Township, about 30 miles northwest of Detroit.

On Wednesday, the he appeals court affirmed the jury's decision to find Ott guilty but mentally ill. Ott is serving the mandatory sentence of life without parole.

The appeals court vacated Ott's convictions on two counts of second-degree murder based on double jeopardy principles. The ruling says double jeopardy doesn't allow multiple punishments for the same offense.

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White House criticizes court's health care ruling

Legal Insight 2011/08/14 09:25   Bookmark and Share
The White House is expressing confidence that it's constitutional to require people to have health insurance and believes that President Barack Obama's health care law will be survive all legal challenges in the end.

Obama adviser Stephanie Cutter says the White House strongly disagrees with an appeals court ruling Friday that struck down the insurance requirement at the center of a law.

She says the White House is confident that ruling will not stand.

Cutter notes on the White House blog that four other courts, including a different appeals court, has upheld the law.

Many legal observers expect the U.S. Supreme Court to have the final say on the issue.



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$168 million securities fraud settlement proposed

Court News 2011/08/13 10:33   Bookmark and Share
The New York State Common Retirement Fund has announced a proposed $168 million settlement of its securities fraud class-action lawsuit against National City Corp. alleging misrepresentations to investors.

State Comptroller Thomas DiNapoli, trustee of the $146.5 billion fund and lead plaintiff, says the defendants agreed to the settlement but admitted no wrongdoing.

PNC Financial Services Group Inc., which bought Cleveland-based National City in 2008, declined to comment.

The suit alleges National City misrepresented the quality of its mortgages and home equity loans and the severity of its losses.

The settlement is expected to go before U.S. District Judge Solomon Oliver Jr. in the Northern District of Ohio for preliminary approval in the next few weeks, with all class members notified after that.


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Appeals court strikes health insurance requirement

Court Watch 2011/08/13 09:25   Bookmark and Share
A federal appeals court panel on Friday struck down the requirement in President Barack Obama's health care overhaul package that virtually all Americans must carry health insurance or face penalties.

The divided three-judge panel of the 11th Circuit Court of Appeals struck down the so-called individual mandate, siding with 26 states that had sued to block the law. But the panel didn't go as far as a lower court that had invalidated the entire overhaul as unconstitutional.

The states and other critics argued the law violates people's rights, while the Justice Department countered that the legislative branch was exercising a "quintessential" power.

The decision, penned by Chief Judge Joel Dubina and Circuit Judge Frank Hull, found that "the individual mandate contained in the Act exceeds Congress's enumerated commerce power."

"What Congress cannot do under the Commerce Clause is mandate that individuals enter into contracts with private insurance companies for the purchase of an expensive product from the time they are born until the time they die," the opinion said.





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Law school graduates sue alma mater over job stats

Court Watch 2011/08/12 10:33   Bookmark and Share
Four graduates of Thomas M. Cooley Law School have sued their alma mater, claiming the school misrepresented its post-graduation employment statistics to attract students.

The Lansing State Journal and the Detroit Free Press report the lawsuit was filed Wednesday. The suit in U.S. District Court for the Western District of Michigan by New York law firm Kurzon Strauss seeks class-action status and $250 million in damages.

James Thelen, Cooley's associate dean for legal affairs and general counsel, says the school stands by its post-graduation employment and salary statistics. He says any claims that students or graduates have been misled or legally harmed are "baseless."

The Lansing-based school earlier sued the law firm, claiming it was defaming the school in online ads seeking potential plaintiffs who attended Cooley.


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Appeals court turns down Tymoshenko appeal

Headline Legal News 2011/08/12 10:32   Bookmark and Share
A court in Ukraine on Friday refused to consider an appeal to release former Prime Minister Yulia Tymoshenko from jail, where she has been kept for a week while her abuse-of-office trial proceeds.

Tymoshenko was jailed on Aug. 5 for violating court procedures at her trial, including refusing to rise when requested by the judge. She says her resistance is a protest of a trial she contends is politically motivated.

On Friday, the Kiev Appeal Court refused to hear an appeal, saying the country's criminal code does not allow appealing a preventive measure.

Tymoshenko attorney Yuriy Sukhov said that ruling will be appealed to the Supreme Court.

Tymoshenko is charged in connection with a natural gas deal with Russia in 2009 that prosecutors claim was disadvantageous to Ukraine.

The United States and the European Union have condemned court cases against Tymoshenko and several of her top allies as selective prosecution of political opponents. Tymoshenko was a key figure in the 2004 Orange Revolution protests that forced annulment of a presidential election purportedly won by Viktor Yanukovych.


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