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Appeals court allows capital retrial of Wolfe
Securities Lawyers | 2013/05/23 10:53
A federal appeals court will allow a capital murder case to proceed against an accused drug kingpin from northern Virginia.

In a 2-1 ruling, the 4th U.S. Circuit Court of Appeals in Richmond overturned a federal judge in Norfolk who had ordered a halt to the prosecution of Justin Wolfe and his immediate release.

That judge said misconduct by prosecutors in Prince William County made it impossible for Wolfe to get a fair trial.

But a majority on the appellate court disagreed. The judges ruled that a new trial can be done fairly. A dissenting judge said the misconduct was so bad that freeing Wolfe was the only proper outcome.

Wolfe was sent to death row in 2002 for a drug-related murder, but his original conviction and sentence were overturned.



Judge OKs class-action settlement over Skechers
Court Watch | 2013/05/23 10:53
A federal judge approved a $40 million class-action settlement Monday between Skechers USA Inc. and consumers who bought toning shoes after ads made unfounded claims that the footwear would help people lose weight and strengthen muscles.

U.S. District Judge Thomas B. Russell in Louisville approved the deal, which covers more than 520,000 claims. About 1,000 people eligible for coverage by the settlement opted not to take part.

Those with approved claims will be able to get a maximum repayment for their purchase _ up to $80 per pair of Shape-Ups; $84 per pair of Resistance Runner shoes; up to $54 per pair of Podded Sole Shoes; and $40 per pair of Tone-Ups.

Russell also awarded $5 million for the attorneys in the case to split. Russell ordered that the money cannot come from the $40 million settlement fund set aside for consumers.

Two people that served as the lead plaintiffs in the case will receive payments of $2,500 each.

Russell considered multiple factors in deciding to approve the settlement and found it provides just compensation to the plaintiffs.



Court strikes down Arizona 20-week abortion ban
Court News | 2013/05/23 10:53
A federal court in San Francisco Tuesday struck down Arizona's ban on abortions after 20 weeks of pregnancy.

The 9th U.S. Circuit Court of Appeals ruled that the law violates a string of U.S. Supreme Court rulings starting with Roe v. Wade that guarantees a woman's right to an abortion before a fetus is able to survive outside the womb. That's generally considered to be about 24 weeks. Normal pregnancies run about 40 weeks

Several states have enacted similar bans starting at 20 weeks. But the 9th Circuit's ruling is binding only in the nine Western states under the court's jurisdiction. Idaho is the only other state in the region covered by the 9th Circuit with a similar ban.

A trial judge had ruled that the ban could take effect. U.S. District Judge James Teilborg ruled it was constitutional, partly because of concerns about the health of women and possible pain for fetuses.

But abortion-rights groups appealed that decision, saying the 20-week ban would not give some women time to carefully decide whether to abort problem pregnancies.



IMF head Lagarde in court in fraud probe
Court News | 2013/05/22 10:54
International Monetary Fund chief Christine Lagarde is facing questions at a special Paris court Thursday over her role in the 400 million euro ($520 million) pay-off to a controversial businessman when she was France's finance minister.

The court hearing threatens to sully the reputations of both Lagarde and France. The payment was made to well-connected entrepreneur Bernard Tapie as part of a private arbitration process to settle a dispute with state-owned bank Credit Lyonnais over the botched sale of Adidas in the 1990s. It is seen by many in France as an example of the cozy relationship between big money and big power in France.

Lagarde has earned praise for her negotiating skills as managing director of the IMF through Europe's debt crisis and is seen as a trailblazer for women leaders. Her decision to let the Adidas dispute go to private arbitration rather than be settled in the courts has drawn criticism, and French lawmakers asked magistrates to investigate.

Lagarde, smiling at reporters, left her Paris apartment Thursday morning and appeared at a special court that handles cases involving government ministers. She has denied wrongdoing.

At the time of the payment, Tapie was close to then-French President Nicolas Sarkozy, who was Lagarde's boss. Critics have said the deal was too generous to Tapie at the expense of the French state, and that the case shouldn't have gone to a private arbitration authority because it involved a state-owned bank.



Strip shooting-crash suspect gets lawyer in Vegas
Court Watch | 2013/04/18 00:52
A self-described pimp who once posted online images of himself with fists full of cash told a Las Vegas judge on Wednesday that he had no money to hire a lawyer to defend himself against charges that he killed three people in a shooting and fiery crash Feb. 21 on the Strip.

Ammar Harris, 27, stood in shackles and told Justice of the Peace Deborah Lippis that he understood he faces 11 felonies, including murder, attempted murder and seven discharging a weapon counts.

Harris wasn't asked to enter a plea. The judge appointed two public lawyers to defend him, ordered him held without bail and set his next court appearance for April 29.

Clark County District Attorney Steve Wolfson said the case is a top priority and prosecutors will consider seeking the death penalty.

Harris is accused of firing fatal shots before dawn Feb. 21 from a black Range Rover into a Maserati sports car that then slammed into a taxi, killing the cab driver and a tourist from Washington state.

Defense lawyers David Schieck and Randall Pike said Harris plans to plead not guilty and fight the charges. They declined to speak about evidence in the case.

Tehran Boldon, younger brother of taxi driver Michael Boldon, who was killed, called it difficult to maintain composure in the courtroom, where Harris avoided eye contact.


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