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Court: Fla. must weigh arbitration in Madoff case
Court Watch |
2011/11/05 12:25
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The Supreme Court says the Florida courts should reconsider whether arbitration is required for claims against an auditing firm that worked on a fund that invested with Bernie Madoff.
The high court on Monday reversed a decision by a Florida appeals court. KPMG was sued by investors in the Rye Funds, which lost millions of dollars to Madoff's Ponzi scheme. KPMG was the auditor for the Rye Funds, and the investors said the company did not use proper auditing standards.
KPMG says its contract requires arbitration but the state courts would not allow it.
The Supreme Court ruled that the Florida courts only looked at part of the claims being brought against KPMG. The high court ordered the lower courts to investigate all of the claims before making a decision. |
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Court upholds convictions of 5 in Fla. terror plot
Court Watch |
2011/11/03 08:47
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A federal appeals court on Tuesday upheld the convictions of five men accused of plotting to join forces with al-Qaida to destroy a landmark Chicago skyscraper and bomb FBI offices in several cities.
A three-judge panel of the Atlanta-based 11th U.S. Circuit Court of Appeals rejected numerous claims by ringleader Narseal Batiste and his followers, including questions about the sufficiency of the evidence, the FBI's use of an informant posing as an al-Qaida operative and the dismissal of a juror by a federal judge during deliberations.
Batiste, 37, and the other four were convicted in May 2009 of conspiring to provide material support to al-Qaida and wage war against the U.S. stemming from a plot to blow up the 110-story Sears Tower — now known as the Willis Tower — and bomb FBI offices in five cities, including Miami. The eventual goal, testimony showed, was to overthrow the U.S. government.
It took federal prosecutors three trials to obtain convictions; the first two ended in mistrials and two of the original "Liberty City Seven" were acquitted. One of those found not guilty, Lyglenson Lemorin, was nonetheless deported to his native Haiti.
The case was built on recordings of FBI conversations and the group never came close to staging an attack, although the FBI informant posing as a terrorist led them in a videotaped oath of allegiance to Osama bin Laden. They also videotaped the Miami FBI office and downtown courthouse buildings as potential targets. |
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SF court to hear appeal by Tucson rampage suspect
Court Watch |
2011/11/02 10:14
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A federal appeals court will hear arguments Tuesday on requests from attorneys for the Tucson, Ariz., shooting rampage suspect to halt their mentally ill client's forced medication with psychotropic drugs and rescind his stay at a Missouri prison facility.
Jared Lee Loughner's lawyers have asked the 9th U.S. Circuit Court of Appeals to end their client's commitment at the prison in Springfield, Mo., where mental health experts are trying to make him psychologically fit to stand trial.
Loughner has been treated for his mental illness in Missouri after U.S. District Judge Larry Burns in May declared him mentally unfit to stand trial.
However, Burns ruled in late September that it's probable the 23-year-old can be made fit for trial, and ordered that Loughner's four-month stay in Missouri be extended by another four months.
Loughner has pleaded not guilty to 49 charges stemming from the Jan. 8 shooting in Tucson that killed six people and injured U.S. Rep. Gabrielle Giffords and 12 others.
Prosecutors asked the appeals court to reject the requests by Loughner's lawyers, saying Burns made the correct decision in extending Loughner's stay in Missouri.
Defense attorneys argued Loughner's forced medication to treat bipolar disorder has violated his rights and that there's no evidence he can be made mentally fit for trial in the next four months. They said even if Loughner can be made fit, his right to a fair trial could be violated because of the possible sedative effect of the drugs he's being forced to take.
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High court considers Ga. suit over false testimony
Court News |
2011/11/02 08:47
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The Supreme Court wrestled Tuesday with whether government officials are protected from civil lawsuits, even if they tell lies that lead a grand jury to vote for an indictment.
The justices heard arguments in an appeal from Charles Rehberg, an accountant who was indicted three times involving charges that he harassed doctors affiliated with a south Georgia hospital system.
After the third indictment was dismissed even before a trial, Rehberg sued local prosecutors and their investigator, James Paulk. Rehberg argues that he was placed under investigation because of the hospital's political connections and that Paulk's false grand jury testimony led to the indictments.
At issue in the high court is whether grand jury testimony could make a person liable in a civil lawsuit. A key question is whether the justices consider such testimony to be more like an affidavit or a trial. Witnesses are protected from civil lawsuits over what they say in trial testimony.
Paulk argues that the grand jury is part of the judicial process, and testimony there should be afforded the same protection it gets at trial.
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Court unlikely to allow private prison to be sued
Court News |
2011/11/02 08:46
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The Supreme Court seemed unlikely on Tuesday to allow employees at a privately run federal prison to be sued by an inmate in federal court, despite his complaint that their neglect left him with two permanently damaged arms.
Justices heard appeals from lawyers representing employees of the GEO Group, formerly known as Wackenhut Corrections Corp, who work at the privately run Taft Correctional Institution in Taft, Calif. The 9th U.S. Circuit Court of Appeals had ruled inmate Richard Lee Pollard could sue GEO officials for his treatment after he fell and fractured both of his elbows.
Pollard said GEO officials put him in a metal restraint that caused him pain, and refused to provide him with a splint, making his injuries worse and causing permanent impairment. He sued in federal court for money, claiming GEO officials had violated the Eighth Amendment prohibition on cruel and unusual punishment.
The federal appeals court allowed his lawsuit against the GEO officials to move forward. Courts normally don't allow government employees to be sued in those types of lawsuits, but the high court has authorized some if constitutionally protected rights have been violated by the federal employee and there is no state court remedy.
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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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