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High Court Struggles Over Hospital Pension Dispute
Current Legal Issues |
2017/04/02 15:36
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The Supreme Court seemed to struggle on Monday over whether some of the nation's largest hospitals should be allowed to sidestep federal laws protecting pension benefits for workers.
Justices considered the cases of three church-affiliated nonprofit hospital systems being sued for underfunding pension plans covering about 100,000 employees. But the outcome ultimately could affect the retirement benefits of roughly a million employees around the country.
The hospitals — Advocate Health Care Network, Dignity Health and Saint Peter's Healthcare System — say their pensions are "church plans" exempt from the law and have been treated as such for decades by the government agencies in charge. They want to overturn three lower court rulings against them.
Workers suing the health systems argue that Congress never meant to exempt them and say the hospitals are shirking legal safeguards that could jeopardize retirement benefits.
"I'm torn," Justices Sonia Sotomayor said at one point during the hour-long argument. "This could be read either way in my mind."
Justice Anthony Kennedy said the Internal Revenue Service issued hundreds of letters over more than 30 years approving the hospitals' actions. That shows they were "proceeding in good faith with the assurance of the IRS that what they were doing was lawful," he said.
The case could affect dozens of similar lawsuits over pension plans filed across the country.
Much of the argument focused on how to read a federal law that generally requires pension plans to be fully funded and insured. Congress amended that law in 1980 to carve out a narrow exemption for churches and other religious organizations. |
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Immigration courts: record number of cases, many problems
Current Legal Issues |
2017/03/07 10:57
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Everyone was in place for the hearing in Atlanta immigration court: the Guinean man hoping to stay in the U.S., his attorney, a prosecutor, a translator and the judge. But because of some missing paperwork, it was all for nothing.
When the government attorney said he hadn't received the case file, Judge J. Dan Pelletier rescheduled the proceeding. Everybody would have to come back another day.
The sudden delay was just one example of the inefficiency witnessed by an Associated Press writer who observed hearings over two days in one of the nation's busiest immigration courts. And that case is one of more than half a million weighing down court dockets across the country as President Donald Trump steps up enforcement of immigration laws.
Even before Trump became president, the nation's immigration courts were burdened with a record number of pending cases, a shortage of judges and frequent bureaucratic breakdowns. Cases involving immigrants not in custody commonly take two years to resolve and sometimes as many as five.
The backlog and insufficient resources are problems stretching back at least a decade, said San Francisco Immigration Judge Dana Marks, speaking as the president of the National Association of Immigration Judges. |
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Those who lost North Carolina driver's licenses are restored
Current Legal Issues |
2017/01/07 16:55
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Court officials say North Carolinians who lost their driver's licenses because of problems at the Department of Motor Vehicles have gotten them back.
The Winston-Salem Journal reported that Forsyth County Clerk of Court Susan Frye said in May that thousands of North Carolina drivers had lost their licenses because DMV officials had not updated records.
Frye said the state agency did not update driver's records to show when people complied with requirements such as taking care of a ticket or getting a re-scheduled court date.
The exact number of people affect is unclear. Frye says the DMV has done a great job of fixing the problems. She says she's getting virtually no complaint calls now. |
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Man who escaped from Rhode Island prison to appear in court
Current Legal Issues |
2017/01/02 16:56
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A man who escaped from a Rhode Island prison and was on the run for five days before being captured in Massachusetts is scheduled to make an initial appearance before a federal magistrate judge.
James Morales escaped from the Wyatt Detention Facility in Central Falls last Saturday and was captured Thursday in Somerville. Authorities believe he may have tried to rob two banks before he was caught.
Morales is scheduled to appear in U.S. District Court in Providence on an escape charge.
Authorities say Morales escaped New Year's Eve by climbing a basketball hoop, cutting through a fence and climbing th brough razor wire. It took hours for correctional officers to notice.
The 35-year-old former Army reservist was being held on charges he stole 16 guns from a U.S. Army Reserve Center in Worcester. |
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ICC prosecutor: African states leaving court is 'regression'
Current Legal Issues |
2016/11/22 16:28
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The International Criminal Court's prosecutor said Tuesday that it is a "regression" for African nations — including her home country of Gambia — to quit the court and said the continent should work with her office to end impunity for atrocities.
Speaking to The Associated Press at the court's headquarters overlooking the North Sea on the edge of The Hague, Prosecutor Fatou Bensouda said regional and local courts in Africa can also play a key role in bringing perpetrators of atrocities to justice.
Bensouda's comments came as the court's governing body, the Assembly of States Parties, met nearby with the issue of departing African states figuring prominently in its discussions.
South Africa, Burundi and Gambia have announced plans to leave the court, which has 124 member states, sparking fears of a domino effect among other African nations.
"I think it's a setback for the continent, it's a regression for the continent that there are some African states that are deciding to withdraw from the ICC," Bensouda said.
However, she said that the announced withdrawals have galvanized support for the court among other African countries attending the annual gathering of member states.
"I wanted to emphasize that today during this Assembly of States Parties you have the vast majority of African states recommitting to the ICC and renewing ... support for the ICC," Bensouda said.
One way of the international court engaging with Africa is by supporting local and regional courts, Bensouda said. Her office is working with authorities in Central African Republic to help establish a court to prosecute atrocities in that conflict-torn country. |
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