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No choking charges for Wis. Supreme Court justice
Breaking Legal News |
2011/08/26 10:07
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A conservative Wisconsin state Supreme Court justice who staved off an unusually intense campaign to replace him this summer will not face criminal charges over allegations that he tried to choke a liberal colleague, a prosecutor said Thursday.
Sauk County District Attorney Patricia Barrett, a special prosecutor in the case, said that after reviewing investigators' reports, she decided there's no basis to file charges against either Justice David Prosser or Justice Ann Walsh Bradley, who accused Prosser of choking her.
Barrett, who is a Republican, told The Associated Press that the accounts of the other justices who were present when the alleged altercation occurred varied widely, however she declined to elaborate.
"I believe a complete review of the report suggests there is a difference of opinion. There are a variety of statements about what occurred ... the totality of what did happen does not support criminal charges against either Justice Bradley or Justice Prosser," Barrett said.
Walsh Bradley accused Prosser of choking her in June while the justices were deliberating the merits of a lawsuit challenging Republican Gov. Scott Walker's contentious law stripping public workers of most of their collective bargaining rights. Walsh Bradley, 61, is seen as part of the court's three-justice liberal minority, while Prosser, a 68-year-old former Republican legislator, is considered part of the four-justice conservative majority. The factions have been feuding for years.
The court delivered its verdict the day after the alleged incident, ruling 4-3 to uphold the law and allowing it to finally take effect. As expected, Prosser voted with the majority.
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Court: No 1st Amendment right to stream live games
Breaking Legal News |
2011/08/25 08:59
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The association that oversees Wisconsin high school sports can limit who streams its games live on the Internet even though most of its member schools are funded by taxpayers, a federal appeals court ruled Wednesday. The decision could have First Amendment implications for media outlets nationwide. The Chicago appeals court said the Wisconsin Interscholastic Athletic Association has the right to enter into exclusive contracts for live streaming of its sporting events, and that the First Amendment doesn't entitle other media outlets to claim the same broadcasting rights without paying for them. The case began in 2008, when the sports association sued The Post-Crescent, an Appleton newspaper, for streaming live coverage of its high school football playoff games. Fans in many states rely on community newspapers for news about high school teams, and the newspapers say they need easy, unencumbered access to sporting events to provide that coverage. But the Wisconsin association said it couldn't survive without being able to raise money by signing exclusive contracts with a single video-production company for streaming its tournaments. After a U.S. District judge sided with the association last year, an appeal was filed by the newspaper's owner, Gannett Co., and the Wisconsin Newspaper Association. The appeals court ruled that an exclusive contract allowing one entity to broadcast an event doesn't amount to a gag order on other media outlets. It noted that the sports association still allowed other reporters to cover the games, interview players and coaches, and air up to two minutes of live video coverage of any game. Media outlets were only restricted from broadcasting entire games live.
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Court rules Ventas may immediately collect $102M
Breaking Legal News |
2011/08/22 10:25
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Health care real estate investment trust Ventas Inc. said a federal court has ruled it can immediately collect $102 million in damages awarded by a federal jury in 2009 in a judgment against HCP Inc.
The two companies had agreed to delay payment of the funds while HCP appealed the decision. In May, the U.S. 6th Circuit Court of Appeals upheld the judgment and ordered a second trial to decide punitive damages. Those proceedings are set to begin in February.
Ventas, based in Chicago, said late Monday that the U.S. District Court for the Western District of Kentucky ruled that HCP could not further delay enforcement of the judgment. In the case, Ventas accused HCP of driving up the purchase price of Sunrise Senior Living real estate investment trust.
HCP of Long Beach, Calif., said in a separate statement it will promptly pay the $102 million. It had accrued the full amount in the third quarter of 2009, and the payment will have no additional impact on its earnings.
Ventas operates a portfolio of senior housing communities, skilled nursing facilities, hospitals, medical office buildings and other properties in 47 states and two Canadian provinces.
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Lawsuit Over Idaho's Mental Health Care for Kids Revived
Breaking Legal News |
2011/08/21 10:25
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A federal appeals court has revived a decades-old lawsuit against the state of Idaho over claims of substandard children's mental health care.
The case began in 1980 when a little boy known only as Jeff D. brought a class-action lawsuit against the state for institutionalizing mentally ill children instead of providing care for them. In Wednesday's ruling, the 9th U.S. Circuit Court of Appeals said the lower court must consider whether the state was meeting the larger goals of providing community-based mental health care to indigent children with severe emotional and mental disabilities.
Idaho Deputy Attorney General Michael Gilmore said he couldn't immediately comment on the ruling because his office was still reviewing it. The attorney representing Jeff D. said the ruling was a vindication for children with severe emotional disturbances and their families.
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Drug company lawyer taped trying to foil lawsuit
Breaking Legal News |
2011/08/19 08:59
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International business can be an ethical jungle, but it's rare to get details of bare-knuckle tactics on tape.
A lawyer in Mexico for a leading U.S. drug manufacturer offered to pay an opposing expert in a lawsuit if he would leave the country on a key court date to undermine the case.
The company, Baxter International Inc., promotes itself as a champion of global anticorruption efforts. Baxter said the lawyer was not authorized to make any offers, and it has severed all ties with him.
The recording and its disclosure offer an unusual glimpse of fishy maneuvers in the global marketplace and come as the Justice Department and the Securities and Exchange Commission crack down on misconduct by U.S. companies abroad, part of a multinational effort to clean up commerce.
Based near Chicago, Baxter is a major manufacturer of intravenous drugs and medical devices. Its medications are used to treat people with hemophilia, kidney disease, immune system problems, infectious diseases, serious burns and other conditions.
The lawyer was talking to accountant Rafael Aspuru Alvarez, an expert witness for Translog, a trucking company embroiled in a $25 million legal dispute with Baxter's subsidiary in Mexico.
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Government probe of Standard and Poor's
Breaking Legal News |
2011/08/19 08:58
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The Justice Department is investigating whether the Standard & Poor's credit ratings agency improperly rated dozens of mortgage securities in the years leading up to the financial crisis, The New York Times reported Wednesday.
The investigation began before Standard & Poor's cut the United States' AAA credit rating this month, but it's likely to add to the political firestorm created by the downgrade, the newspaper said. Some government officials have since questioned the agency's secretive process, its credibility and the competence of its analysts, claiming to have found an error in its debt calculations.
The Times cites two people interviewed by the government and another briefed on such interviews as its sources. According to people with knowledge of the interviews, the Justice Department has been asking about instances in which the company's analysts wanted to award lower ratings on mortgage bonds but may have been overruled by other S&P business managers.
If the government finds enough evidence to support a case, it could undercut S&P's longstanding claim that its analysts act independently from business concerns. The newspaper said it was unclear whether the Justice Department investigation involves the other two major ratings agencies, Moody's and Fitch, or only S&P.
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EEOC sues, argues man on treatment should be hired
Breaking Legal News |
2011/08/18 09:21
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The U.S. Equal Employment Opportunity Commission has sued a national insurance company, contending the firm violated federal law by refusing to hire a North Carolina man after he disclosed he was participating in a methadone treatment program for a drug addiction.
The suit was filed Tuesday in U.S. District Court in Raleigh against United Insurance Co. of America, said EEOC attorney Lynette Barnes.
The complaint argues the firm violated federal disability discrimination law by refusing to hire Craig Burns, 30, who applied for a job in the firm's Raleigh office in December of 2009. The firm made a conditional offer of employment to Burns the following month, depending upon his passing a drug test, the complaint said.
The test showed the presence of methadone in his system, so Burns submitted a letter to the firm from his treatment provider saying he was participating in a supervised methadone treatment program and taking legally prescribed medication as part of the treatment, the complaint said.
Upon receiving this information, United Insurance notified Barnes he was not eligible to be hired and withdrew the employment offer, the complaint said.
Barnes said the action violates the Americans With Disabilities Act, which protects employees and applicants from discrimination based on their disabilities. A recovering drug addict is covered under the act, the attorney said in an interview.
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