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Court won't consider giving man new trial
Law Firm Information |
2012/05/14 22:32
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The Supreme Court won't consider giving a man convicted in the death of a Texas toddler a new trial because the medical examiner changed her opinion on the cause of death.
The high court on Monday refused to hear an appeal from Neil Hampton Robbins, convicted in the death of 17-month-old Tristen Skye Rivet, who died on May 12, 1998.
At the trial, Dr. Patricia Moore testified that Tristen's death was a homicide caused by asphyxia. But Moore later changed her opinion and said the cause of death was undetermined. Robbins asked for a new trial but the Texas Court of Criminal Appeal refused, saying there is no conclusive evidence of Robbins' innocence and that it wasn't proven that the state purposefully used false testimony.
Some patients' fate could hinge on Supreme Court
If the Supreme Court strikes down President Barack Obama's health care law, it wouldn't just be politicians dealing with the fallout.
Nearly 62,000 patients with serious medical conditions would be out of luck.
They're the uninsurables, people turned away by insurance companies because of medical problems but covered through a little-known program in the law called the Pre-Existing Condition Insurance Plan. The plan would have to shut down if the entire law is invalidated.
Cancer patient Kathy Thomas is worried she'll be uninsured again without the program. The Florida small businesswoman credits the coverage for saving her life this year when she had to be hospitalized with a serious respiratory infection. |
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Court Rules For Private Lawyer Hired By CA City
Law Firm Information |
2012/04/17 10:16
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The Supreme Court has ruled unanimously that private individuals hired temporarily by local governments have the same protection against civil rights lawsuits as public employees.
Chief Justice John Roberts said Tuesday that it makes no sense to treat people differently because one person is a full-time government employee and another has been retained for a discrete task.
The court sided with attorney Steve Filarsky, who was hired by the city of Rialto, Calif., to investigate the possible misuse of sick leave. Filarsky and several full-time Rialto employees were sued by a firefighter who was under investigation.
Lower courts threw out claims against all the city employees, but the federal appeals court in San Francisco said Filarsky's case was different because he was not employed by Rialto. |
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BofA investor lawsuit wins class-action status
Law Firm Information |
2012/02/08 09:43
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Investors suing Bank of America Corp won class-action status for their lawsuit accusing the bank of fraudulently misleading them about the 2008 takeover of Merrill Lynch amp; Co and the size of Merrill's losses and bonus payouts.
U.S. District Judge P. Kevin Castel in Manhattan on Monday rejected the second-largest U.S. bank's argument that the investors could not prove they suffered losses by relying on materially misleading statements or omissions.
Among the other defendants who were also sued and opposed class certification were former Bank of America Chief Executive Kenneth Lewis, former Merrill Chief Executive John Thain, former Bank of America Chief Financial Officer Joe Price, and Bank of America's board of directors.
Lewis had won initial praise for saving Merrill from possible collapse when he agreed to buy it on September 15, 2008, the day Lehman Brothers Holdings Inc went bankrupt.
But investors later faulted the bank for not disclosing the scope of Merrill's soaring losses, which reached $15.84 billion in the fourth quarter of 2008, before December 2008 shareholder votes on the merger. They also objected to Merrill's having paid $3.6 billion of bonuses despite the losses. |
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Attorney: Texas redistricting talks have stalled
Law Firm Information |
2012/01/31 10:17
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Negotiations between minority groups and Texas officials in a lengthy clash over new political districts appeared stalled Monday as both sides prepared to argue in Washington over whether the Republican-drawn maps violate the federal Voting Rights Act.
An attorney for the League of United Latin American Citizens, one of nine groups suing to block the maps, said negotiations to create temporary maps so Texas could salvage an April 3 primary date hit an impasse over the weekend. Both sides have another week to work out a deal, but Luis Vera, LULAC's general counsel, said he was not optimistic.
It just doesn't seem feasible, he said.
A federal court in San Antonio last week gave the sides until Feb. 6 to draw up the temporary maps that would remain in place through November's election. If they don't, Texas' primaries will be pushed back for a second time. They were originally scheduled for March.
Lauren Bean, a spokeswoman for the Texas attorney general's office, said her office was not commenting on the negotiations.
Vera said a major obstacle is that the state isn't involving all parties in the negotiations. Gary Bledsoe, president of the Texas NAACP that is among the nine plaintiffs, said the state was mainly negotiating with the Mexican American Legal Defense and Education Fund and the Mexican American Legislative Caucus. |
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NJ gov picks gay black man, Asian for top court
Law Firm Information |
2012/01/24 09:22
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Gov. Chris Christie moved to diversify the state's all-white Supreme Court on Monday with two firsts: the nominations of an openly gay black man and a Korean-born prosecutor to fill two vacancies.
If confirmed, Bruce A. Harris would become New Jersey's first openly gay justice, and Phillip H. Kwon would become its first Asian representative and the first justice born outside the United States.
Christie, a Republican, said he had extreme confidence in the records and intellects of his nominees, neither of whom has been a judge.
I felt strongly about making sure the court have diversity but first and foremost that the court have quality justices who make sure they take the court in a direction that is a responsible one for the future of our state and its people, Christie said at a news conference attended by the nominees and their families.
Harris, 61, is the Republican mayor of Chatham Borough in Morris County, a post Christie said he would give up if confirmed. He would be the third African-American to be seated on the court. |
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