Today's Date: Add To Favorites
Supreme Court upholds key tool for fighting housing bias
Class Action | 2015/06/25 09:02
The Supreme Court handed a surprising victory to the Obama administration and civil rights groups on Thursday when it upheld a key tool used for more than four decades to fight housing discrimination.

The justices ruled 5-4 that federal housing laws prohibit seemingly neutral practices that harm minorities, even without proof of intentional discrimination.

Justice Anthony Kennedy, often a swing vote, joined the court's four liberal members in upholding the use of so-called "disparate impact" cases.

The ruling is a win for housing advocates who argued that the housing law allows challenges to race-neutral policies that have a negative impact on minority groups. The Justice Department has used disparate impact lawsuits to win more than $500 million in legal settlements from companies accused of bias against black and Hispanic customers.

In upholding the tactic, the Supreme Court preserved a legal strategy that has been used for more than 40 years to attack discrimination in zoning laws, occupancy rules, mortgage lending practices and insurance underwriting. Every federal appeals court to consider it has upheld the practice, though the Supreme Court had never previously taken it up.

Writing for the majority, Kennedy said that language in the housing law banning discrimination "because of race" includes disparate impact cases. He said such lawsuits allow plaintiffs "to counteract unconscious prejudices and disguised animus that escape easy classification" under traditional legal theories.

"In this way disparate-impact liability may prevent segregated housing patterns that might otherwise result from covert and illicit stereotyping," Kennedy said.

Kennedy was joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan.



US court upholds tough rules on for-profit college loans
Legal Business | 2015/06/24 09:02
A federal court has ruled in favor of tough new regulations aimed at career training programs, dealing a major blow to the for-profit college industry.

In an opinion released Tuesday, the U.S. District Court for the District of Columbia ruled the Education Department has the right to demand that schools show their graduates make enough money to repay their student loans. The Education Department announced its plan last fall as a way of weeding out fraudulent colleges that were targeting low-income students because of their ability to receive federal student loans, grants and military benefits.

Under the new rules, which go into effect July 1, a program has to show that the estimated annual loan payment of a typical graduate does not exceed 20 percent of his or her discretionary income or 8 percent of total earnings. The administration said about 99 percent of the training programs that will be affected come from the for-profit sector, although affected career training programs can come from certificate programs elsewhere in higher education.



Same-sex marriage opponents urge Supreme Court to go slow
Breaking Legal News | 2015/06/23 09:03
Same-sex marriage opponents acknowledge they face a tough task in trying to persuade the Supreme Court to allow states to limit marriage to a man and a woman.

But they are urging the court to resist embracing what they see as a radical change in society's view of what constitutes a marriage, especially without more information about how same-sex marriage affects children who are raised by two fathers or two mothers.

The idea that same-sex marriage might have uncertain effects on children is strongly contested by those who want the court to declare that same-sex couples have a right to marry in all 50 states. Among the 31 plaintiffs in the cases that will be argued at the court on April 28 are parents who have spent years seeking formal recognition on their children's birth certificates or adoption papers.

But opponents, in dozens of briefs asking the court to uphold state bans on same-sex marriage, insist they are not motivated by any prejudice toward gays and lesbians.

"This is an issue on which people of good will may reasonably disagree," lawyer John Bursch wrote in his defense of Michigan's gay-marriage ban. Bursch argued on behalf of the states that same-sex couples can claim no constitutional right to marriage.

Same-sex couples now can marry in 36 states and the District of Columbia, the product of a dizzying pace of change in state marriage laws. Just three years ago, only six states allowed it.


High court strikes down raisin program as unconstitutional
Breaking Legal News | 2015/06/22 08:28
The Supreme Court ruled Monday that a 66-year-old program that lets the government take raisins away from farmers to help reduce supply and boost market prices is unconstitutional.

In an 8-1 ruling, the justices said forcing raisin growers to give up part of their annual crop without full payment is an illegal confiscation of private property.

The ruling is a victory for California farmers Marvin and Laura Horne, who claimed they were losing money under a 1940s-era program they call outdated and ineffective. They were fined $695,000 for trying to get around the program.

A federal appeals court said the program was acceptable because the farmers benefited from higher market prices and didn't lose the entire value of their crop.

The government argued that the Hornes benefited from increased raisin prices, but their cause had won wide support from conservative groups opposed to government action that infringes on private property rights.

Writing for the court, Chief Justice John Roberts said the government must pay "just compensation" when it takes personal goods just as when it takes land away. He rejected the government's argument that the Hornes voluntarily chose to participate in the raisin market and have the option of selling different crops if they don't like it.


Huguely files appeal request with U.S. Supreme Court
Court Watch | 2015/06/21 13:38
A former University of Virginia lacrosse player is taking his last shot at overturning his conviction for the 2010 murder of his former girlfriend.

Counsel for George Huguely V has filed a petition with the U.S. Supreme Court seeking a judicial review of the case against their client. Huguely was convicted in 2012 of the second-degree murder of Yeardley Love, also a UVa student and member of the women’s lacrosse team, for which he was sentenced to 23 years in prison.

Huguely, now 27, has since appealed the conviction on the grounds that his Sixth Amendment rights were violated when one of his two attorneys fell ill and could not be present in the courtroom nine days into his trial. Though his other attorney said he would be able to continue, Huguely asked the judge to delay the case until both of his attorneys could be present, but that request was denied.

Counsel for Huguely has argued that their client’s right to competent assistance was violated when he could not have both lawyers present in the courtroom. The petition filed Friday asks the court to “reaffirm the core of the Sixth Amendment right of a criminal defendant to have his choice of counsel by his side throughout the trial proceedings.”

“[Huguely’s] distinct interest in receiving not just competent assistance, but assistance from both his counsels of choice was given no weight,” the petition states.



Texas turns away from criminal truancy courts for students
Breaking Legal News | 2015/06/20 13:37
A long-standing Texas law that has sent about 100,000 students a year to criminal court — and some to jail — for missing school is off the books, though a Justice Department investigation into one county's truancy courts continues.

Gov. Greg Abbott has signed into law a measure to decriminalize unexcused absences and require school districts to implement preventive measures. It will take effect Sept. 1.

Reform advocates say the threat of a heavy fine — up to $500 plus court costs — and a criminal record wasn't keeping children in school and was sending those who couldn't pay into a criminal justice system spiral. Under the old law, students as young as 12 could be ordered to court for three unexcused absences in four weeks. Schools were required to file a misdemeanor failure to attend school charge against students with more than 10 unexcused absences in six months. And unpaid fines landed some students behind bars when they turned 17.

"Most of the truancy issues involve hardships," state Sen. John Whitmire, D-Houston, said. "To criminalize the hardships just doesn't solve anything. It costs largely low-income families. It doesn't address the root causes."

Only two states in the U.S. — Texas and Wyoming — send truants to adult criminal court. In 2013, Texas prosecuted about 115,000 cases, more than twice the number of truancy cases filed in juvenile courts of all other states, according to a report from the nonprofit advocacy group Texas Appleseed. An estimated $10 million was collected from court costs and fines from students for truancy in fiscal year 2014 alone, the Texas Office of Court Administration said.



Man pleads guilty to charge over noose on Ole Miss statue
Law Center | 2015/06/19 13:37
A federal prosecutor said in court Thursday that Graeme Phillip Harris hatched a plan, after a night of drinking at a University of Mississippi fraternity house, to hang a noose on a campus statue of James Meredith, the first black student at Ole Miss.

Harris, who is white, pleaded guilty Thursday to a misdemeanor charge of threatening force to intimidate African-American students and employees at the university. Prosecutors agreed to drop a stiffer felony charge in exchange for the plea arising from the incident last year.

The 20-year-old Harris faces up to a year in jail and a fine of up to $100,000. U.S. District Judge Michael Mills said sentencing will be within 60 to 90 days, and he allowed Harris to remain free on a $10,000 bond.

Assistant U.S. Attorney Bob Norman told Mills that Harris, who had a history of using racist language and saying African Americans were inferior to whites, proposed the plan to two fellow freshmen while at the Sigma Phi Epsilon fraternity house on the night of Feb 15, 2014.

That led to the plan to hang the noose and a former Georgia state flag that features the Confederate battle flag on the statue of Meredith, in a jab at Ole Miss' thorny racial history.

When a federal court ordered the university to admit Meredith in 1962, the African-American student had to be escorted onto campus by armed federal agents. The agents were attacked during an all-night riot that claimed two lives and was ultimately quelled by federal troops.

After the noose and flag were placed on the statue, Norman said Harris and one of the other freshmen returned at sunrise on Feb. 16 to observe and were filmed by a video camera at the Ole Miss student union.



[PREV] [1][2][3][4][5][6][7][8].. [972] [NEXT]
 Law Firm Web Design Information
Law Promo has worked with attorneys, lawyers and law firms all over the world in designing beautiful law firm websites that look great on all devices, from desktop computers to mobile phones. Law firm website design by Law Promo - How Important is Web Design for Start-up Law Firm?
All
Class Action
Bankruptcy
Biotech
Breaking Legal News
Business
Corporate Governance
Court Watch
Criminal Law
Health Care
Human Rights
Insurance
Intellectual Property
Labor & Employment
Law Center
Law Promo News
Legal Business
Legal Marketing
Litigation
Medical Malpractice
Mergers & Acquisitions
Political and Legal
Politics
Practice Focuses
Securities
Elite Lawyers
Tax
Featured Law Firms
Tort Reform
Venture Business News
World Business News
Law Firm News
Attorneys in the News
Events and Seminars
Environmental
Legal Careers News
Patent Law
Consumer Rights
International
Legal Spotlight
Current Cases
State Class Actions
Federal Class Actions
Appeals court: Kansas aborti..
Zimbabweans linked to illega..
NY state Sen. Sampson found ..
Appeals court revives challe..
Crimean Filmmaker Pleads Not..
Wife says Chinese rights law..
Court Halts Execution Of Tyl..
Marijuana opponents using ra..
Wisconsin court ends probe o..
Silicon Valley company start..
Court stops prosecution of w..
Religious beliefs, gay right..
Appeals court upholds parts ..
Peterson returns to court in..
Michael Jackson’s doctor pl..


Securities Attorneys Florida
FINRA Lawyer Florida
www.placeandhanley.com
Houston Car Accident Lawyers
Houston Personal Injury Lawyers
www.hurtinhouston.com
Baltimore Criminal Defense Lawyers
Baltimore Federal Criminal Defense. White collar lawyers
www.levincurlett.com
Surry County Criminal Defense Lawyers
Yadkin County Family Law Attorneys
www.dirussolaw.com
Southfield MI Criminal Defense Lawyer
Macomb County Criminal Defense Lawyer
www.davislawgroupmi.com
Orange County Forensic Accountant
Orange County Business Valuations
www.crosscor.com
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
Palm Beach Construction Law Attorney
Florida Construction Law
Wellington Construction Law
palmbeachconstructionlaw.org
Houston Car Accident Attorneys
Wrongful Death Attorneys Houston
Houston Wrongful Death
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
   Legal Resource
Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. Medicare fraud advanced prosthetic devices
 
 
 
© 2013 ClassActionTimes.com. All rights reserved.

The content contained on the web site has been prepared by Class Action Times as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.