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NC Supreme Court again weighs Duke Energy rates
Court News |
2014/09/07 16:35
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North Carolina's highest court is examining whether state utilities regulators correctly weighed the consumer impact of two rate increases for a Duke Energy operating unit.
The state Supreme Court was scheduled to hear arguments Monday in two lawsuits in which Attorney General Roy Cooper argues regulators didn't sufficiently consider the size of rate increases. The two rate cases involve Duke Energy Carolinas, a Duke Energy subsidiary serving customers in Durham and western North Carolina.
One case involves a 4.5 percent average increase approved last year for two years, growing to a 5.1 percent increase thereafter. The second involves a 7.2 percent rate increase originally approved in 2012. Consumers are already paying the higher rates.
Cooper appealed the 2012 rate increase and the Supreme Court last year ordered the North Carolina Utilities Commission to reconsider its size in light of its effect on customers. The commission did, but came to the same conclusion.
Cooper's staff attorneys argued in court filings that regulators didn't really make the findings of fact about the effect of changing economic conditions on customers required by the Supreme Court in last year's ruling. |
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Judge accused of hitting wife enters court program
Court News |
2014/09/06 16:35
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A federal judge from Alabama accused of hitting his wife in an Atlanta hotel room can have a misdemeanor battery charge dismissed if he completes a court program that includes domestic violence intervention.
U.S. District Court Judge Mark Fuller will spend up to 24 weeks in the pre-trial diversion program, which also includes an alcohol and substance abuse assessment. Fulton County State Court Chief Magistrate Judge Stephanie Davis on Friday allowed Fuller to enter the program and ordered him to report back to the court on Oct. 14.
Officers were called to the Fullers' room in August at the Ritz Carlton in Atlanta, where a police report said Kelli Fuller answered the door in tears and had cuts on her mouth and forehead. She was treated by paramedics but refused to be taken to the hospital. The room smelled of alcohol, according to the report.
Kelli Fuller told police her husband became violent when she accused him of cheating, pulling her hair, throwing her to the ground, and kicking her. Mark Fuller told officers he threw her to the ground to defend himself after she threw a drink glass at him while he watched television.
During the brief court hearing Friday, Mark Fuller spoke only to answer a question on whether he had agreed to enter the program. He left without speaking with reporters but, in a statement later issued through his attorney, Fuller said he looks forward to addressing the concerns of the court and "hopefully" returning to the bench. |
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32 states ask Supreme Court to settle gay marriage
Court Watch |
2014/09/05 16:35
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Thirty-two states that either allow gay marriage or have banned it asked the U.S. Supreme Court on Thursday to settle the issue once and for all.
Fifteen states that allow gay marriage, led by Massachusetts, filed a brief asking the justices to take up three cases from Virginia, Utah and Oklahoma and overturn bans. And 17 other states, led by Colorado, that have banned the practice asked the court to hear cases from Utah and Oklahoma to clear up a "morass" of lawsuits, but didn't urge the court to rule one way or another.
The filing came as a three-judge panel of the 7th U.S. Circuit Court of Appeals in Chicago ruled that same-sex marriage bans in Wisconsin and Indiana are unconstitutional. The unanimous decision Thursday criticized the justifications both states gave, several times singling out the argument that marriage between a man and a woman is tradition. There are, the court noted, good and bad traditions.
The experience of Massachusetts — the first state to legalize gay marriage — shows that allowing same-sex couples to wed has only benefited families and strengthened the institution of marriage, said Attorney General Martha Coakley. |
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Court upholds most counts against ex-financier
Stock Market News |
2014/09/02 16:32
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A U.S. appeals court on Thursday upheld 10 convictions against an Indianapolis financier but overturned two wire fraud counts, saying the government failed to enter into the record key documentary evidence.
Timothy Durham and co-defendants Jim Cochran and Rick Snow were convicted in 2012 of swindling thousands of investors out of $200 million. Durham was convicted on 12 counts and sentenced to 50 years; Cochran was convicted on eight counts and sentenced to 25 years; Snow was convicted on five counts and sentenced to 10 years.
The 7th Circuit Court of Appeals in Chicago rejected most of the appeals but overturned two involving the transfer of $250,000 and $50,000.
The appeals court said the government's failure to enter the documentary evidence "was clearly an oversight, but the mistakes leaves a crucial gap in the evidence in those counts." It said the government used single-page printouts to establish the wire transfers were made in furtherance of the fraudulent scheme. |
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Court rules against FedEx in drivers' labor case
Topics in Legal News |
2014/08/28 12:12
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A federal court has ruled that FedEx Corp. improperly classified about 2,300 drivers in California as independent contractors instead of employees.
The decision by a three-judge panel of the Ninth U.S. Circuit Court of Appeals on Wednesday covered drivers who worked for FedEx between 2000 and 2007. Similar lawsuits were filed in about 40 states before 2009.
A lawyer for the drivers estimated that they could receive at least $250 million in back pay and damages if the ruling stands up.
The judges said that under California law, the drivers were employees because FedEx controlled how they did their work. They had to wear company uniforms, drive approved trucks, and follow other company procedures.
FedEx said it will appeal to the full appeals court in San Francisco. FedEx general counsel Cary Blancett said that other courts had upheld contract language with "thousands" of independent contractors.
The Memphis, Tennessee-based company said that since 2011, it has only contracted with incorporated businesses that treat drivers as their employees. It also said it will shift to new service agreements in California, Oregon, Washington and Nevada.
In their lawsuit, the drivers sought back pay for overtime, expenses, punitive damages and attorney costs. That would total more than $75,000 for each of the drivers in the original lawsuit, according to filings. |
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Investment Fraud Litigation |
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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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The content contained on the web site has been prepared by Securities Law News 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. | Affordable Law Firm Website Design by Law Promo |
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