Trials delayed for mother, son in Mississippi fraud cases

Legal Business 2021/11/13 13:27   Bookmark and Share
Judges have delayed the state and federal trials of a mother and son charged in one of Mississippi’s largest public corruption cases.

State Auditor Shad White has said Nancy New and Zachary New were responsible for misspending millions of dollars of welfare money that was intended for needy people in one of the poorest states in the U.S.

Their trials were scheduled to begin this week — Monday in Hinds County Circuit Court and Wednesday in federal court. Attorneys have made clear that both trials were unlikely to happen during the same week because of the complexity of the cases.

In late October, judges issued orders setting new trial dates of Jan. 3 in federal court and Feb. 7 in Hinds County Circuit Court.

State court records show Nancy New and Zachary New are both charged with conspiracy, embezzlement, fraud and making false statements to defraud the government, for alleged crimes from September 2018. They were indicted in early 2020.

Federal court records show the mother and son both face several charges, including wire fraud; conspiracy to commit wire fraud; aggravated identity theft; money laundering; and money laundering conspiracy.
top

High court sides with ex-athletes in NCAA compensation case

Legal Business 2021/06/21 11:00   Bookmark and Share
The Supreme Court decided unanimously Monday that the NCAA can’t enforce rules limiting education-related benefits — like computers and paid internships — that colleges offer to student athletes.

The case doesn’t decide whether students can be paid salaries. Instead, the ruling will help determine whether schools decide to offer athletes tens of thousands of dollars in those benefits for things including tutoring, study abroad programs and graduate scholarships.

The high court agreed with a group of former college athletes that NCAA limits on the education-related benefits that colleges can offer athletes who play Division I basketball and football are unenforceable.

Justice Neil Gorsuch wrote for the court that the NCAA sought “immunity from the normal operation of the antitrust laws,” which the court declined to grant.

Under current NCAA rules, students cannot be paid, and the scholarship money colleges can offer is capped at the cost of attending the school. The NCAA had defended its rules as necessary to preserve the amateur nature of college sports.

But the former athletes who brought the case, including former West Virginia football player Shawne Alston, argued that the NCAA’s rules on education-related compensation were unfair and violate federal antitrust law designed to promote competition. The Supreme Court upheld a lower court ruling barring the NCAA from enforcing those rules.

As a result of the ruling, the NCAA itself can’t bar schools from sweetening their offers to Division I basketball and football players with additional education-related benefits. But individual athletic conferences can still set limits if they choose.
top

Justices consider Harvard case on race in college admissions

Legal Business 2021/06/14 09:53   Bookmark and Share
With abortion and guns already on the agenda, the conservative-dominated Supreme Court is considering adding a third blockbuster issue — whether to ban consideration of race in college admissions.

The justices could say as soon as Monday whether they will hear an appeal claiming that Harvard discriminates against Asian American applicants, in a case that could have nationwide repercussions. The case would not be argued until the fall or winter.

“It would be a big deal because of the nature of college admissions across the country and because of the stakes of having this issue before the Supreme Court,” said Gregory Garre, who twice defended the University of Texas’ admissions program before the justices.

The presence of three appointees of former President Donald Trump could prompt the court to take up the case, even though it’s only been five years since its last decision in a case about affirmative action in higher education.

In that Texas case, the court reaffirmed in a 4-3 decision that colleges and universities may consider race in admissions decisions. But they must do so in a narrowly tailored way to promote diversity, the court said in a decision that rejected the discrimination claims of a white applicant. Schools also bear the burden of showing why their consideration of race is appropriate.

Two members of that four-justice majority are gone from the court. Justice Ruth Bader Ginsburg died in September. Justice Anthony Kennedy retired in 2018.
top

UK lawyer fined for defying Heathrow court ruling embargo

Legal Business 2021/05/10 20:03   Bookmark and Share
A British lawyer and climate campaigner was fined 5,000 pounds ($7,070) on Monday after being convicted of contempt of court for a tweet which broke an embargo on a U.K. Supreme Court judgment over Heathrow Airport’s expansion.

Tim Crosland, a director of an environmental campaign group, revealed on social media the court ruling on Heathrow Airport’s proposed third runway a day before it was made public in December. He was among involved parties to receive a draft of the appeal judgment, and has said that he broke the embargo deliberately as “an act of civil disobedience” to protest the “deep immorality of the court’s ruling.”

The court had ruled that a planned third runway at Heathrow was legal. The case was at the center of a long-running controversy and environmentalists had argued for years that the climate impact far outweighed the economic benefits of expanding the airport.

Crosland said the proposed 14 billion-pound ($19.8 billion) expansion of Heathrow, one of the world’s busiest, would breach Britain’s commitments to the Paris climate agreement.

He argued that the government “deliberately suppressed” information about the effect that the airport’s expansion would have on the climate crisis, and said the publicity gained over breaking the embargo would act as an “antidote” to that.

Addressing the court, Crosland said: “If complicity in the mass loss of life that makes the planet uninhabitable is not a crime, then nothing is a crime.”

Three Supreme Court justices found Crosland in contempt of court for his “deliberate and calculated breaches of the embargo” and fined him 5,000 pounds.

The judges said he “wanted to demonstrate his deliberate defiance of the prohibition and to bring this to the attention of as large an audience as possible.”

Crosland had brought a small suitcase to Monday’s hearing at the Royal Courts of Justice in case he was given immediate jail time. The maximum sentence had been up to two years in prison and an unlimited fine.

top

Slain girl’s grandmother wants caseworkers deemed ‘reckless’

Legal Business 2021/04/28 14:03   Bookmark and Share
The grandmother of a 2-year-old girl who was beaten and starved to death wants to file a wrongful death lawsuit against three caseworkers who oversaw the girl’s care, and has taken her case to the Ohio Supreme Court.

During oral arguments Wednesday, justices questioned the responsibility the state’s children’s service agency has for protecting children as its caseworkers investigate allegations of abuse.

The child prompting the case, Glenara Bates, weighed under 14 pounds ? almost half the recommended weight for a 2-year-old girl?when she died in March 2015, and Hamilton County authorities said she was beaten by her parents, with visible belt and bite marks among other injuries.

Her father, Glen Bates, was sentenced to death the following year, but his conviction and sentence were later overturned after the state high court said a juror who made racially biased comments on a jury questionnaire should not have been seated in the trial of Bates, who is Black. A new trial is scheduled for January.

The girl’s mother was sentenced to 15 years to life in prison.

After Glenara’s death, the girl’s maternal grandmother, Desena Bradley, sued three Hamilton County caseworkers, saying they missed obvious signs of abuse. Three weeks after caseworkers declared the girl “happy and healthy” during a March 2015 visit, she was dead, according to Desena Bradley’s complaint in the Ohio Supreme Court.

“According to the coroner, Glenara had been brutalized for months on end before her death,” Rachel Bloomekatz, an attorney representing the grandmother, said in a November court filing. “But somehow, Glenara’s bruises, scars, bite marks, whip marks, and gaunt, under-fed body completely eluded the caseworkers.”

State law provides case workers immunity from such lawsuits unless they were found to have acted “in a wanton or reckless manner.” Lower courts rejected the grandmother’s claims, saying she hadn’t provided enough evidence that the immunity should be lifted.

Desena Bradley appealed to the Ohio Supreme Court, which held oral arguments Wednesday. A decision isn’t expected for months. It’s unclear from court records whether Desena Bradley stepped in on behalf of her granddaughter when she was alive.

Hamilton County officials wants the high court to dismiss the lawsuit, arguing the girl was killed by her parents and not by county workers. There’s no evidence the caseworkers acted maliciously or in bad faith, county attorneys said.

top

Hawaii high court hears argument about wind farm, bats

Legal Business 2021/04/04 13:22   Bookmark and Share
The Hawaii Supreme Court has heard arguments regarding a dispute regarding how many endangered Hawaiian hoary bats a wind farm is allowed to kill.

The Na Pua Makani wind farm has sparked controversy after 200 people were arrested trying to stop its massive turbines from being hauled from the port at Kalaeloa to Kahuku, the Honolulu Star-Advertiser reported Friday.

Now the 24-megawatt project is at the center of a legal dispute with the nonprofit Keep the North Shore Country over the developer’s habitat conservation plan and incidental take license, which allows the turbines to kill 51 bats over 21 years.

Lance Collins, the nonprofit’s attorney, told the justices that the agency did not follow the standard set by the Legislature in protecting endangered species.

John Manaut, attorney for Na Pua Makani, told justices at the hearing that the conservation plan is based on the best available science and was compiled by the members of the Endangered Species Recovery Committee and two experts who testified at the case hearing, the newspaper reported.

Scientists estimate there are between a few hundred and a few thousand Hawaiian hoary bats in the main Hawaiian Islands. The species is the state’s only land mammal and is susceptible to extinction due to its low reproductive rates.

Na Pua Makani is an eight-turbine project that will help Oahu reduce its dependence on fossil fuels, Manaut said.
top

◀ PREV : [1] : [2] : [3] : [4] : [5] : .. [50] : NEXT ▶








Disclaimer: Nothing posted on this blog is intended, nor should be construed, as legal advice. Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Nothing submitted as a comment is confidential. Nor does any comment on a blog post create an attorney-client relationship. The presence of hyperlinks to other third-party websites does not imply that the firm endorses those websites.

Affordable Law Firm Website Design