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California Supreme Court halts death penalty measure
Headline Legal News | 2016/12/20 09:54
The California Supreme Court on Tuesday blocked a voter-approved measure intended to speed up the appeals process for the state's Death Row inmates to give it time to consider a lawsuit challenging the measure.

In a one-page decision, the court stayed the "implementation of all provisions of Proposition 66" and set a timeline for filing briefs in the case.

Proposition 66 would change how appeals are handled, appointing more lawyers to take cases, putting certain types of appeals before trial court judges and setting a five-year deadline for appeals to be heard. Currently, it can take longer than that for an attorney to be assigned to a case and upward of 25 years to exhaust appeals.

The lawsuit by former Attorney General John Van de Kamp and Ron Briggs, whose father wrote the ballot measure that expanded California's death penalty in 1978, said the reform measure would disrupt the courts, cost more money and limit the ability to mount proper appeals. They said the deadlines would set "an inordinately short timeline for the courts to review those complex cases" and result in attorneys cutting corners in their investigations.

Supporters of the measure have called the lawsuit a frivolous stall tactic.

California voters faced two death penalty measures on the November election. They rejected a measure that would have abolished the death penalty and narrowly approved Proposition 66.


Court to unseal Clinton email search warrant
Court News | 2016/12/20 09:54
A federal court in New York is scheduled to release redacted copies Tuesday of the search warrant that allowed the FBI to dig into a trove of Hillary Clinton emails days before the presidential election.

The emails were found on a computer belonging to former U.S. Rep. Anthony Weiner, the estranged husband of a top Clinton aide.

A judge ruled Monday that the public had a right to see the warrant application, but said portions would be blacked out to conceal information about an ongoing investigation involving Weiner.

Federal agents have been probing his online contact with a teenage girl.

The discovery of the emails prompted FBI Director James Comey (KOH'-mee) to briefly reopen an investigation into Clinton's use of a private email server as secretary of state.


Massachusetts teen due in court in texting suicide case
Court News | 2016/12/19 09:55
A Massachusetts woman accused of sending her boyfriend text messages encouraging him to kill himself is due in court for a pretrial hearing.

Michelle Carter is charged with manslaughter in the 2014 death of Conrad Roy III. The 18-year-old Roy died of carbon monoxide poisoning. Prosecutors say the then-17-year-old Carter had sent him dozens of messages urging him to follow through on his suicide plan.

Earlier this month, Carter’s attorney asked a judge for funds to hire an expert to explain the effects of an antidepressant to a jury at Carter’s trial. The judge denied the request.

Carter’s lawyer said both teens were taking an antidepressant that has a warning that it may cause suicidal thoughts.

Carter’s lawyer said he may make additional arguments at a hearing scheduled for Monday.



High court turns away appeal from former AIG executives
Attorney News | 2016/12/18 09:59
The Supreme Court won't hear an appeal from two former American International Group executives seeking to avoid civil fraud claims on charges they hid hundreds of millions of dollars in losses from investors.

The justices on Monday let stand a lower court ruling that said former chief executive officer Maurice Greenberg and former chief financial officer Howard Smith must stand trial.

executives of manipulating AIG's accounting records to hide hundreds of millions of dollars in losses from investors.

The state seeks an order banning Greenberg from working in the securities industry or as an executive for any public company. It also is seeking $53 million, including bonuses Greenberg received during the period he is alleged to have manipulated the company's finances.

Greenberg was seen at Trump Tower in New York on Monday. He did not stop to speak with the press.



Justices ask lower court to reconsider class action case
Headline Legal News | 2016/12/18 09:56
The Supreme Court is asking a lower court to take another look at a class action lawsuit brought by nearly 300 cable technicians that alleges their company encouraged workers to underreport overtime hours.

The justices said Monday that a federal appeals court should reconsider its decision allowing the lawsuit to proceed against cable installation firm FTS USA and its parent company, UniTek USA.

The companies argue that the district court should not have calculated damages for hundreds of workers by averaging the experiences of only 17 workers who testified.

A federal judge awarded the technicians $3.8 million after a jury found the company at fault. A federal appeals court said that award was too high, but rejected arguments that a single class action lawsuit was improper.

The Supreme Court won't hear an appeal from two former American International Group executives seeking to avoid civil fraud claims on charges they hid hundreds of millions of dollars in losses from investors.

The justices on Monday let stand a lower court ruling that said former chief executive officer Maurice Greenberg and former chief financial officer Howard Smith must stand trial.

New York state has accused the former executives of manipulating AIG's accounting records to hide hundreds of millions of dollars in losses from investors.

The state seeks an order banning Greenberg from working in the securities industry or as an executive for any public company. It also is seeking $53 million, including bonuses Greenberg received during the period he is alleged to have manipulated the company's finances.


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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
 
 
 

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