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US court gives government victory against ACORN
Breaking Legal News | 2010/04/22 11:43

A federal appeals court has handed the government a victory by temporarily blocking a judge's finding that Congress shouldn't have halted federal funding to the activist group ACORN.

The 2nd U.S. Circuit Court of Appeals in Manhattan issued the order Wednesday, a day after the government lawyer argued the stay of the ruling was necessary.

The government had argued that it was necessary to block the ruling to ensure that federal agencies were not required to commit funds that have not been appropriated by Congress.

A lawyer for ACORN says it may appeal the decision to the Supreme Court because the cutoff of funds is crippling ACORN and jeopardizing housing for poor people.



Debt Collectors Can Face Lawsuits for Mistakes
Breaking Legal News | 2010/04/21 09:45

The Supreme Court Wednesday made it easier for consumers to sue debt collectors for sending erroneous collection notices.

The high court, in a 7-2 opinion by Justice Sonia Sotomayor, ruled that debt collectors can't shield themselves from such lawsuits by arguing that they made a legal error when sending a collection notice.

"We have long recognized the common maxim, familiar to all minds, that ignorance of the law will not excuse any person, either civilly or criminally," Justice Sotomayor wrote in a 30-page opinion.

At issue were the actions of an Ohio law firm that initiated foreclosure proceedings on behalf of Countrywide Home Loans Inc.

The homeowner, Karen Jerman, disputed that the debt existed. Countrywide later acknowledged that Ms. Jerman had in fact paid the debt, and the law firm withdrew the foreclosure lawsuit.

Ms. Jerman then sued the law firm, arguing that it violated federal debt-collection law by stating in its foreclosure suit that Ms. Jerman's alleged debt would be assumed to be valid unless she contested in writing.

A lower court agreed with Ms. Jerman that the firm violated the federal Fair Debt Collection Practices Act, but ruled that the law firm was shielded from liability because the violation wasn't intentional and was the result of a bona fide legal error.

Justice Sotomayor and the court disagreed, ruling that Congress hadn't explicitly provided a mistake-of-law defense to debt collectors.

Justice Anthony Kennedy, joined by Justice Samuel Alito, dissented, saying the court's ruling could allow abusive litigation by plaintiffs' lawyers.



Court to hear arguments on campus Christian group
Breaking Legal News | 2010/04/19 07:22

In a case that pits nondiscrimination policies against freedom of religion, the Supreme Court is grappling with whether universities and colleges can deny official recognition to Christian student groups that refuse to let non-Christians and gays join.

The high court was to hear arguments Monday from the Christian Legal Society at the University of California's Hastings College of the Law. The Christian group said its constitutional freedoms of speech, religion and association were violated when it was denied recognition as a student group by the San Francisco-based school.

The group has made this argument at several universities around the nation with mixed results. The high court's decision could set a national standard for universities and colleges to follow when Christian and other groups that want to exclude certain people apply for money and recognition from the school.

Hastings said it turned the Christian Legal Society down because all recognized campus groups, which are eligible for financing and other benefits, may not exclude people due to religious belief, sexual orientation and other reasons.



Ohio Court Sides With Media, Lifts Gag Order
Breaking Legal News | 2010/04/16 09:34

The Ohio Supreme Court overturned a gag order that prevented the Toledo media from reporting on one defendant's trial until the jury was impaneled on a second defendant's trial.

Jayme Schwenkmeyer and her boyfriend, David Knepley, were charged with child endangering and manslaughter in the death of Schwenkmeyer's child.

Henry County Court Judge Keith Muehlfeld ordered separate trials and imposed a gag order on the media from reporting on Schwenkmeyer's trial until the jury was seated for Knepley's trial, which began one week later.
Muehlfeld said he took this action to prevent the tainting of the jury pool in Knepley's trial.

The Ohio Supreme Court, in a per-curiam decision, granted the Toledo Blade a writ of prohibition to override the gag order.

"Judge Muehlfeld's analysis proceeded from the erroneous premise that a criminal defendant's constitutional right to a fair trial should be accorded priority over the media's constitutional rights of free speech and press," the justices wrote.

"The judge did not rely on any evidence that a continuance might minimize any prejudicial pretrial publicity resulting from press reports about the Schwenkmeyer trial," they added, lifting the gag order.



Pa. court ponders fan suit over Jets-Pats Spygate
Breaking Legal News | 2010/04/15 09:20

The New England Patriots could find themselves defending a lawsuit by NFL fans miffed about their secret videotaping of signals from New York Jets coaches.

The NFL bans such videotaping and issued $750,000 in fines against the Patriots and coach Bill Belichick after they were caught taping signals at the Jets' 2007 home opener in Giants Stadium.

Lawyer Carl Mayer, a Jets season ticket holder from Princeton, N.J., argued in a U.S. appeals court Wednesday that fans spent vast sums of money to see games that were essentially rigged. His suit, earlier dismissed by a lower court, seeks $185 million in damages for Jets fans alone.

Mayer, who asked the appeals court to revive the suit, said he hopes to learn the extent of the Patriots' taping, dubbed Spygate, through discovery.

"The game will become more and more corrupt if there is no remedy," said his lawyer, Bruce Afran. "The NFL will degenerate into the WWE (World Wrestling Entertainment)."

NFL lawyers insist the Patriots violated only league rules — not any civil or criminal laws. They fear that disappointed fans will sue over myriad game day complaints if the case is upheld.



Law firms seek to represent dead miners' families
Breaking Legal News | 2010/04/14 09:33

Little more than a week after the disaster, competition among lawyers to represent the families of 29 men killed in the Upper Big Branch Mine disaster has begun.

Massey Energy, the mine's owner, has deep pockets. Lawyers who represent the families could make millions in fees if they can prove company management showed a conscious and deliberate disregard for safety.

Massey has repeatedly denied all such accusations.

At least one well-known local lawyer questioned whether it's proper to seek clients so soon after the tragedy and said he could not bring himself to do it.

Law firms take so-called wrongful death cases for free. Losers earn nothing. Winners typically receive one-third of the amount awarded by the court.

On Tuesday, before all of the miners who died in the blast were buried, Underwood Law Offices, headquartered in Huntington, ran an advertisement in the Charleston newspapers and papers in the coalfields urging families of the miners to call the firm.



Court Fight Adds Confusion to Senate Climate Effort
Breaking Legal News | 2010/04/12 09:10

The departure of Supreme Court Justice John Paul Stevens adds a crucial task to the Senate schedule, at a minimum, and could peel momentum from looming climate legislation if his successor triggers a searing political fight.

Stevens' announcement arrived more than a week before the anticipated release of a Senate bill restricting greenhouse gases. That timing clouds the chamber's legislative horizon by handing senators a top White House priority in the months leading to contentious midterm campaigning.

That leaves climate change -- still competing for attention with Obama's other big priorities, like an overhaul of Wall Street and a comprehensive jobs bill -- in limbo. The climate bill being drafted by Sens. John Kerry (D-Mass.), Lindsey Graham (R-S.C.) and Joseph Lieberman (I-Conn.) would need to gain swift support to outpace the encompassing confirmation of a life-serving justice, according to some observers.

There's a stretch of time between two congressional recesses, Memorial Day and the Fourth of July, that provides an optimal window for movement of a bill, said Chelsea Maxwell, a former climate adviser to retired Sen. John Warner (R-Va.). That gives lawmakers an opportunity to bring legislation to the Senate floor before the height of the election season and any political maneuvering over a Supreme Court nominee.



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