Judge: Texas foster care lawsuit can proceed

Headline Legal News 2011/05/27 13:32   Bookmark and Share
A judge says she will allow a lawsuit challenging Texas' foster care system to proceed as a class action.

U.S. District Judge Janis Graham Jack said during a hearing Thursday that she will grant class certification for the suit initiated by the advocacy group Children's Rights.

The suit contends that the Texas system is unconstitutional and should be reformed. It was filed in March on behalf of nine children between the ages of nine and 16.

A spokesman for Texas Attorney General Greg Abbott says the state will determine its next course of action when the judge issues a written order.

The suit is the 12th of its kind initiated by the New York-based advocacy group seeking to reform child welfare systems administered by state or municipal governments.
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Mack Trucks, Volvo to pay $525M to settle suit

Legal Business 2011/05/19 09:13   Bookmark and Share
Mack Trucks Inc. and its parent, AB Volvo, will pay $525 million to settle a class-action lawsuit filed by more than 9,300 retirees of the North Carolina truck maker after they challenged potential reductions to their lifetime health benefits.

The Legal Intelligencer reported Tuesday that Senior U.S. District Judge R. Barclay Surrick gave preliminary approval of the settlement. A hearing is Sept. 7 to decide if the settlement is fair and reasonable.

The suit was filed in Michigan after Mack sought a ruling that lifetime benefits of its retirees were not vested and could be modified or eliminated. Both cases were consolidated in the Eastern District of Pennsylvania.

Mack reached an agreement with the UAW in May of 2009 on a voluntary employees beneficiary association, or VEBA, that would have the union oversee retirees' health benefits. Mack and Volvo agreed to fund it with $525 million, paid in five annual installments.

Mack said it expects the final approval of the VEBA in September.

The company also reported that deliveries nearly doubled in April from a year earlier with 1,608 trucks delivered from the 810 it recorded in April 2010, an increase of 99 percent.

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4 ex-Auburn players indicted on felony charges

Headline Legal News 2011/05/18 09:14   Bookmark and Share
Four former Auburn football players have been indicted on felony robbery and burglary charges by a Lee County grand jury.

Court documents posted online Wednesday show that Michael McNeil, Antonio Goodwin, Shaun Kitchens and Dakota Mosley were indicted on five counts of first-degree robbery, one count of first-degree burglary and one count of misdemeanor third-degree theft of property.

They are scheduled for arraignment on May 26 in Lee County Circuit Court.

Mosley also faces a misdemeanor charge of conspiracy to hinder business.

The players were pulled over and arrested shortly after five occupants of a mobile home reported being robbed at gunpoint on March 11.

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SD Supreme Court disciplines circuit judge

Legal Business 2011/05/18 09:13   Bookmark and Share
The South Dakota Supreme Court has ruled that Circuit Judge A.P. "Pete" Fuller of Rapid City must retire or undergo a six-month suspension followed by strict probation for misconduct that involved mistreating lawyers, court personnel and others.

The Judicial Qualifications Commission had recommended that Fuller be removed from office or forced to retire because he repeatedly displayed a lack of courtesy and respect for lawyers and court staff.

The case marked the first time in the 121-year history of the South Dakota judicial system that the Supreme Court had been asked to remove a judge from the bench.

In a hearing last month, Fuller told the high court he is ashamed of his behavior but believes he could return to the bench and be an effective judge.

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Court lets Minn. corporate disclosure law stand

Court Watch 2011/05/17 08:50   Bookmark and Share
A federal appeals court has affirmed a judge's decision to let stand Minnesota's law requiring the disclosure of corporate political donations, saying the state's rules are similar to laws upheld by the Supreme Court and the groups who want them blocked are unlikely to prevail.

In an opinion filed Monday, the 8th Circuit Court of Appeals disagreed with claims that Minnesota's disclosure requirements effectively prohibit corporate independent expenditures and impose burdensome regulations that ban free speech.

"The burden on corporations appears light, and the reporting requirement greatly facilitates the government's informational interest in monitoring corporate independent expenditures," the appeals court found. The judges wrote that rather than banning contributions, the law provides a way to disclose certain information.

Minnesota law requires that in election years, businesses and independent groups must submit five reports and disclose large donations within 24 hours for the three weeks leading up to the primary and the last two weeks before the general election. In off years, one report is required. The registration requirement is triggered when businesses or independent funds spend more than $100. Penalties for violations can be up to $25,000.

One member of the three-judge panel disagreed with the majority in part, saying the state's reporting requirements chill political speech.
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Court says FOIA request cannot be used in lawsuit

Headline Legal News 2011/05/17 08:49   Bookmark and Share
The Supreme Court says a Freedom of Information Act request cannot be used to trigger a False Claims Act lawsuit.

The court on Monday voted 5-3 to agree with arguments by Schindler Elevator Corp., which sought to get a lawsuit against it dismissed.

Daniel Kirk, a former employee, sued on behalf of the government, claiming Schindler had not complied with reporting requirements involving the employment of Vietnam veterans.

But a judge threw out his lawsuit, saying Kirk's information came from a FOIA request. The False Claims Act says that lawsuits cannot be filed using publicly disclosed information. The judge said FOIA reports were public information.

The 2nd U.S. Circuit Court of Appeals in New York City overturned that decision but the high court said it was correct.

Justice Clarence Thomas wrote the court's opinion, joined by Chief Justice John Roberts and Justice Antonin Scalia, Anthony Kennedy and Samuel Alito.

Justice Ruth Bader Ginsburg dissented and was joined by Justices Stephen Breyer and Sonia Sotomayor.
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