Legal Insight 2012/08/29 10:39
A man accused of ripping off storm victims in Ohio and Kentucky has pleaded guilty to nine counts of theft.
Ohio Attorney General Mike DeWine said Joshua Salyers entered the guilty pleas in Hamilton County court in southern Ohio Tuesday. He admitted stealing more than $43,000 from the victims.
DeWine spokesman Mark Moretti said the 39-year-old Salyers ran a storm damage restoration business and took money from homeowners in Butler, Hamilton and Stark counties in Ohio and in Campbell County, Ky., to repair their homes after storms in 2010 and in 2011.
But Moretti said Salyers never began the work and refused to refund the money.
Legal Insight 2012/08/10 12:19
The Minnesota Supreme Court has overturned a $1 million award against the University of Minnesota and men's basketball coach Tubby Smith over the hiring of an assistant coach.
Jimmy Williams quit his job as an assistant coach at Oklahoma State in 2007 because he believed Smith had hiring authority when he offered him an assistant coaching job. Minnesota later withdrew the offer because Williams had NCAA rules violations during a previous stint as an assistant for the Golden Gophers more than 20 years ago.
Williams sued, and a Hennepin County jury and the state appeals court sided with him. But the Minnesota Supreme Court on Wednesday reversed those decisions, saying Williams was not entitled to protection against negligent misrepresentations from Smith about his hiring authority.
Legal Insight 2012/08/03 11:54
Backers of California's ban on same-sex marriages asked the U.S. Supreme Court on Tuesday to overrule a federal appeals court that struck down the measure as unconstitutional, a move that means the bitter, four-year court fight over Proposition 8 could soon be resolved.
Lawyers for the coalition of religious conservative groups that sponsored the voter-approved ban petitioned the Supreme Court to review the lower court's finding that the 2008 amendment to the state constitution violated the civil rights of gay and lesbian Californians. The request had been expected since a panel of the 9th U.S. Circuit Court of Appeals issued its 2-1 decision earlier this year.
If the high court declines to take the case, it would clear the way for same-sex marriages to resume in California. Gay couples could get married in the state for several months before Proposition 8 passed, a right the measure was designed to take away. Same-sex couples still have the rights and benefits of marriage controlled by state law if they register as domestic partners.
The divided appeals court panel cited those conditions, which were unique to California at the time, as grounds for striking down the ban as a violation of the U.S. Constitution's promise of equal protection. But it also went out of its way to state it was not saying similar bans in six other states it oversees were inherently unconstitutional.
Legal Insight 2012/05/17 21:47
A German who claims the CIA illegally whisked him to a secret prison in Afghanistan appeared before Europe's human rights court Wednesday in what could be the final chapter of a case that has shed light on U.S. practices in the war on terror.
Khaled El-Masri, who is of Lebanese descent, says he was brutally interrogated at a secret CIA-run prison in Afghanistan for more than four months after being kidnapped from Macedonia in 2003, apparently mistaken for a terror suspect. He says he went on a hunger strike for 27 days and was eventually flown back to Europe and abandoned in a mountainous area in Albania.
Having failed with previous legal efforts in Germany, Macedonia and the United States, el-Masri has turned to the European Court of Human Rights as a last resort in the hope that it will declare that Macedonia breached his basic rights, said his lawyer.
"Mr. El-Masri has spent the last eight years seeking legal redress for the crimes that were committed against him," James Goldston told The Associated Press in a telephone interview. "There is abundant evidence including data on CIA flights to and from (Macedonia's capital) Skopje."
Authorities in Macedonia have denied any involvement in el-Masri's alleged kidnapping and sought Wednesday to have the Strasbourg, France-based court dismiss the case. A lawyer representing the small southeast European nation argued that el-Masri was too slow in filing his initial criminal complaint in Macedonia.
Legal Insight 2012/05/15 21:46
A Guatemalan mother who says her child was stolen and later turned over to a U.S. couple for adoption said Tuesday that she will go to a Missouri court seeking to get her daughter back now that the U.S. State Department has said it doesn't have jurisdiction to help return the girl.
The State Department confirmed Tuesday that it has informed Guatemala's government that it can't help return Anyeli Hernandez Rodriguez because the U.S. and Guatemala had not signed the Hague Abduction Convention at the time of the alleged kidnapping in 2006.
"We're obviously deeply concerned about allegations regarding stolen children and inter-country adoptions wherever these cases come up," State Department spokeswoman Victoria Nuland said in a statement. "We consider the appropriate venue in the United States for pursuing this case is in the state courts. They're the competent organ for holding a full hearing on the merits and the best interests of the child."
A human rights group that has pursued the case in Guatemala's courts on behalf of the child's biological mother, Loyda Rodriguez, said the next step will be to find a U.S. law firm to file a civil suit charging immigration fraud.
Legal Insight 2012/03/06 09:25
A former winner of the television show "Holland's Next Top Model" has won a lawsuit against Elite Model Management after she was dropped for having hips the agency considered too large.
The Amsterdam District Court ruled Wednesday that Ananda Marchildon, now 25, was entitled to the main prize she won in the 2008 production of the show, a three-year contract worth $98,500.
Marchildon argued she was dismissed after only $13,000 worth of work because she didn't lose enough weight to please the agency.
According to the written ruling, though Marchildon had gained weight since getting the contract, she had a hip measurement of 92 centimeters (about 36.2 inches) when she won, and Elite could not demand that she go down to 90 centimeters — about 35.4 inches. That is far smaller than the average woman's hips but not unusual in the modeling world.