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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No class-action for suits over Calif. fish kill

Court Watch 2011/08/08 09:23   Bookmark and Share
An appeals court has rejected class-action status for a lawsuit prompted by efforts to kill off an invasive fish in Northern California.

The Sacramento Bee says the 3rd District Court of Appeal ruled last week that people suing the state had too little in common to comprise a single class and must sue individually.

In 2007, the state Fish and Game Department dumped thousands of gallons of poison into Lake Davis in Plumas County to kill the voracious northern pike. The lake was closed for several months.

The city of Portola and a number of businesses and property owners sued in 2009, arguing that the action caused a decline in tourism that hurt their income, property values and tax receipts.





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NYC lawyer pleads guilty to tax charge

Court Watch 2011/08/05 09:11   Bookmark and Share
A lawyer has pleaded guilty to not paying taxes on nearly $11 million in income while working at a major Wall Street law firm.

John O'Brien entered the plea Thursday in federal court in Manhattan.

The government had accused the 48-year-old O'Brien of failing to pay $2.5 million taxes on $10.8 million in income from 2001 to 2008. They say during that time, he splurged on a weekend home, international travel and a rare book business.

Prosecutors say O'Brien has agreed to pay $2.8 million in back taxes and interest. At his Nov. 16 sentencing, he faces a maximum of four years in prison, though the term will probably be shorter under sentencing guidelines.


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Kansas workers seek to bar immigration questions

Court Watch 2011/08/03 08:41   Bookmark and Share
Workers who filed a class-action lawsuit against a Kansas slaughterhouse for unpaid wages and overtime have asked a federal judge to bar Creekstone Farms Premium Beef from discovering their immigration status during the litigation.

The employees have asked U.S. District Judge Eric Melgren for a protective order prohibiting the Arkansas City meatpacker from receiving from the named plaintiffs — or any other workers who opt into the lawsuit — any information pertaining to their present names or any other names they may have used.

They also seek to avoid having to disclose their place of birth, Social Security number and any present or prior addresses. The plaintiff's motion also seeks an order protecting the workers from having to turn over to Creekstone Farms any tax returns or any other tax forms filed under any of their identities or having to disclose the dates and times of entry into the United States. They also want to avoid turning over all identification documents likely to lead to the discovery of their immigration status.

Their attorney, Mark Kistler, told The Associated Press Tuesday that the courts already have decided that these types of information which could lead to discovery of immigration status should be protected from discovery during a lawsuit.


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NJ high court to rule in case of retired judge

Court Watch 2011/08/01 08:58   Bookmark and Share
New Jersey's Supreme Court has upheld the censure of a retired Superior Court judge.

Steven Perskie was disciplined in March for not recusing himself in a timely fashion from a case involving his former campaign treasurer. A state Supreme Court committee also found Perskie was not forthcoming in his remarks to a Senate committee about the incident when he was facing re-appointment.

Today's ruling found Perskie shouldn't have rejected a request during a 2006 case that he recuse himself. He later recused himself for different reasons.

The court also found that Perskie didn't intentionally mislead the Senate committee when he answered questions about the incident.

Perskie served on the Superior Court in Atlantic County and retired in January 2010. He also served as a state legislator.

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