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Courts nationwide hold hearings with video
Court Watch | 2011/05/09 09:26
George Villanueva, charged with first-degree murder in the death of an NYPD officer, will not leave jail for months of pretrial hearings.

Instead, he'll be beamed into the courtroom via video as lawyers discuss his case in front of the judge.

Villanueva's case is part of a surge in court appearances done by video in New York and around the country, as cash-strapped communities look for ways to boost efficiency and cut costs. The tools are used in courts large and small, and the savings for some are staggering: $30 million in Pennsylvania so far, $600,000 in Georgia, and $50,000 per year in transportation costs in Ohio.

"We've had to trim our spending wherever we can and still provide what we think is effective constitutional justice, and we're doing that with the help of modern technology," said Pennsylvania State Supreme Court Justice Ronald D. Castille.

Advocates say the virtual hearing is easier on defendants, who don't have to get up at 4 a.m. to be shuttled with other criminal suspects to court, only to wait hours standing and handcuffed for an appearance. Judges say their cases are moving faster. And civil liberties groups say the practice raises no red flags.



Insurer settles suit with former USU frat members
Headline Legal News | 2011/05/02 09:08
A Georgia insurance company that paid a wrongful death claim on behalf of a former Utah State University fraternity has settled the lawsuit it brought against four of the fraternity's members.

The Herald Journal of Logan reports that attorneys for RSUI Inc. told a 1st District Court judge the company had resolved a dispute with the four men. Court records show attorneys met with the judge April 20 — one day before a planned hearing.

RSUI sought $50,000 each from Sigma Nu pledge Chad Burton and chapter officers Cody Littlewood, Colton Hansen and Mitchell Alm as compensation for a settlement payment to the parents of Michael Starks.

Starks died Nov. 21, 2008, from alcohol poisoning after a fraternity event.

At the time, RSUI was the insurer for the fraternity and its members, including pledges. RSUI attorneys have acknowledged that both the company and the four defendants would have been jointly liable to Starks' parents, George and Jane Starks of Salt Lake City. The company claims it paid the full amount of a settlement with the Starks, although those terms have not been made public.



Supreme Court to hear another arbitration argument
Court News | 2011/05/02 09:07
The Supreme Court will consider a plea from companies that cater to people with bad credit to keep disputes with their customers out of court and in the more business-friendly forum of arbitration.

Days after handing businesses a huge victory by limiting class action claims against them, the court said Monday it will take up a new arbitration dispute in the fall.

The new case involves consumer complaints about companies that issue low-rate credit cards to people with bad credit ratings. The consumers said they were promised an initial $300 in available credit, but were charged $257 in fees in the first year they had the credit card.

The consumers sued in federal court, but the companies say the dispute must be handled by an arbitrator, under an agreement the customers signed to receive the card.

The federal Credit Repair Organizations Act, signed by President Bill Clinton in 1996, says consumers have a right to sue, which the federal appeals court in San Francisco interpreted as a right to go into court, rather than be forced to submit to arbitration. Appeals courts in Atlanta and Philadelphia have ruled otherwise in evaluating the same language in the law.



Bachmann uses Holocaust to illustrate tax point
Court News | 2011/05/02 09:07
Minnesota Rep. Michele Bachmann on Saturday described the loss of "economic liberty" that young Americans face today as a "flash point of history" in which the younger generation will ask what their elders did to stop it.

In a speech to New Hampshire Republicans, Bachmann recounted learning about a horrific time in history as a child — the Holocaust — and wondering if her mother did anything to stop it. She said she was shocked to hear that many Americans weren't aware that millions of Jews had died until after World War II ended.

Bachmann said the next generation will ask similar questions about what their elders did to prevent them from facing a huge tax burden.

"I tell you this story because I think in our day and time, there is no analogy to that horrific action," she said, referring to the Holocaust. "But only to say, we are seeing eclipsed in front of our eyes a similar death and a similar taking away. It is this disenfranchisement that I think we have to answer to."



Court sides with Wyoming in dispute with Montana
Court Watch | 2011/05/02 09:07
The Supreme Court says Wyoming is not taking too much water from a river system it shares with Montana.

The high court on Monday turned away Montana's complaint that Wyoming is taking too much water from the Tongue and Powder rivers in violation of a 1950 agreement between the states.

Montana claimed that more efficient irrigation in Wyoming is preventing runoff from rejoining the river and flowing downstream.

Justice Clarence Thomas wrote the 7-1 decision, which says more efficient irrigation is permissible to the detriment of downstream users. Justice Antonin Scalia was the only dissenting vote.

Justice Elena Kagan did not participate in the case because she worked on it while in the solicitor general's office.


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