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FTC sues DirecTV, alleges hidden fees and deceptive ads
Headline Legal News | 2015/03/12 12:13
The government is taking the nation's biggest satellite TV provider to court, accusing DirecTV of misleading millions of consumers about the cost of its programming.

The Federal Trade Commission said Wednesday that its complaint charges DirecTV Inc. with deceptively advertising a discounted 12-month programming package. Consumers weren't clearly told that the package requires a two-year contract, the commission said.

The advertising, the FTC said, did not make clear that the cost of the package would increase by up to $45 more per month in the second year and that hefty early cancellation fees — up to $480 — would apply. The allegations of deceptive advertising date back to 2007 and cover more recent marketing campaigns, such as one in late 2014 that offered the company's subscription service on a limited basis for "only $19.99" a month.


Court: Not disclosing HIV before sex is a misdemeanor
Court News | 2015/02/25 11:41
An HIV-positive man who told a partner that they could safely have unprotected sex should face a misdemeanor reckless endangerment charge, not a felony, New York's highest court ruled Thursday.

The Court of Appeals said Terrance Williams didn't expose his partner "out of any malevolent desire" to give him the virus that causes AIDS, though he lied about having the infection and his partner did get sick. The court said the Syracuse man didn't show "depraved indifference," which is necessary to support the felony charge.

The judges declined to decide whether HIV infection no longer "creates a grave and unjustifiable risk of death" because of advances in medical treatment. Two lower courts had reached that conclusion while knocking down the felony indictment to the lesser charge.

The felony could have sent Williams to prison for seven years. He still faces the misdemeanor and a possible year in jail if convicted.


Philippine court enters not guilty plea for US Marine
Court Watch | 2015/02/25 11:39
A Philippine court entered a not guilty plea Monday for a U.S. Marine charged with murdering a transgender Filipino, allegedly after he discovered her gender when they checked into a hotel.

Marine Pfc. Joseph Scott Pemberton refused to enter a plea in the brief proceeding in a court in Olongapo city northwest of Manila, according to Justice Secretary Leila de Lima. Journalists were barred from the courtroom.

Dozens of left-wing protesters waved red flags outside the courthouse, demanding justice and an end to the U.S. military presence in the former American colony. Gay and lesbian groups have also staged protests denouncing the killing of Jennifer Laude, whose former name was Jeffrey, as a hate crime.

Monday's arraignment paves the way for Pemberton's trial, which lawyers of the victim's family said is scheduled to start next month.


Court nixes faith-based birth control mandate challenge
Court Watch | 2015/02/16 13:09
An appeals court has ruled that the birth control coverage required by federal health care reforms does not violate the rights of several religious groups because they can seek reasonable accommodations.
 
Two western Pennsylvania Catholic dioceses and a private Christian college had challenged the birth control coverage mandates and won lower-court decisions. However, the U.S. 3rd Circuit Court ruling Wednesday said the reforms place "no substantial burden" on the religious groups and therefore don't violate their First Amendment rights.

All three groups — the college and the Pittsburgh and Erie dioceses — are mulling whether to appeal to the entire 3rd Circuit Court of Appeals or the U.S. Supreme Court.

"Such a ruling should cause deep concern for anyone who cares about any First Amendment rights, especially the right to teach and practice a religious faith," Pittsburgh Bishop David Zubik said in a statement. "This decision says that the church is no longer free to practice what we preach."

At issue is an "accommodation" written into the Affordable Care Act that says religious organizations can opt out of directly providing and paying to cover medical services such groups would consider morally objectionable. In this case, that refers to all contraceptive and abortion services for the Catholic plaintiffs, and contraceptive services like the "week-after" pill and other medical coverage that Geneva College contends violate its anti-abortion teachings. The school in Beaver Falls is affiliated with the Reformed Presbyterian Church.

Justice Department lawyers have argued the accommodation solves the problem because it allows religious groups to opt out of directly providing such coverage. But the plaintiffs contend that merely filing the one-page form, which puts a religious group's objections on record with the government, violates their rights because it still "facilitates" or "triggers" a process that then enables third-party insurers to provide the kind of coverage to which they object.


NC Supreme Court considers status of private school vouchers
Attorney News | 2015/02/16 13:08
The state Supreme Court is about to decide whether millions of dollars in taxpayer money that started flowing this year to pay student tuition at private and religious schools continues for a second year.

The state's highest court hears arguments Tuesday on a ruling last summer that the Opportunity Scholarships program violates the state constitution because religious schools can discriminate based on faith. Wake County Superior Court Judge Robert Hobgood also said privately run K-12 schools are not required to meet state curriculum standards.

Supreme Court justices showed they're in a hurry to decide whether private school vouchers will continue by latching on to the case early. Parents are already looking ahead and the deadline for them to submit scholarship applications for the next academic year is March 1.

So far, more than $4.2 million has paid for 1,200 students to attend 216 private schools around the state, according to the State Education Assistance Authority. That's a fraction of the 5,500 students whose families sought one of the scholarships, said Darrell Allison, who heads a group that advocates for expanding the program. Three out of four applicants for the vouchers, which pay private schools up to $4,200 per child per year to schools that admit them, were minority students.

"There are literally thousands of families who are looking forward to their day in court — desperately hopeful for a favorable ruling," Allison, president of Parents for Educational Freedom in North Carolina, said in a statement.

The program opened this year to families whose income qualified their children for free or discounted school lunches, a ceiling of about $44,000 for a family of four. Eligibility increases for the year starting in August as the ceiling rises to nearly $59,000 per family.

Opponents of the voucher law complain that it violates the constitution because money from collected taxes goes to religious schools that have the option of ruling out students who don't follow their faith's beliefs, turning away the disabled or refusing the children of gay parents.


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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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