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Appeals court knocks out Job Corps drug tests
Headline Legal News |
2012/06/10 00:02
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A federal appeals court on Friday declared a random drug testing program for government workers at 28 U.S. Forest Service Job Corps centers unconstitutional.
The centers are home for at-risk youths from ages 16 to 24 from troubled environments. Residents are housed in remote rural locations and trained in various vocations.
In a 2-1 decision, the U.S. Circuit Court of Appeals for the District of Columbia said the small number of drug use incidents among a workforce of several thousand over many years does not establish a serious problem, much less an immediate crisis necessitating expansion of a random drug testing policy.
The government "has thus offered a solution in search of a problem," Judge Judith Rogers ruled.
Absent from the record, Rogers said, is any demonstration that government staffers using drugs influenced youths at the center to use them, in violation of the centers' Zero Tolerance Policy. She was joined by Judge Douglas Ginsburg.
Previously, the only center workers undergoing random drug testing were nurses and employees required to hold a commercial driver's license.
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Court denies Loughner's request for rehearing
Headline Legal News |
2012/06/05 00:00
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An appeals court rejected a request by lawyers for the man accused of shooting former Rep. Gabrielle Giffords to rehear their arguments over their mentally ill client's forced medication with psychotropic drugs.
Attorneys for Jared Lee Loughner had asked the 9th U.S. Circuit Court of Appeals for a rehearing after the court in March denied their request to halt their client's forced medication.
The court on Tuesday denied the request to hear the appeal again.
Loughner has pleaded not guilty to 49 charges stemming from the January 2011 shooting in Tucson that killed six people and wounded former U.S. Rep. Gabrielle Giffords and 12 others.
The trial court judge on the case has set a June 27 hearing in Tucson to consider whether Loughner is mentally fit to stand trial.
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Court: Families cannot sue over loan discount fee
Headline Legal News |
2012/05/25 15:14
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The Supreme Court ruled unanimously Thursday that three families cannot sue a mortgage company for allegedly charging them a loan discount fee without giving them a lower interest rate.
The high court's decision tosses out lawsuits filed in 2008 against Quicken Loans, Inc., in Louisiana by three families who claimed they paid the fees without receiving anything in return. The Freeman family paid $980 and the Bennett family $1,100 in loan discount fees but allegedly did not get lower interest rates in return. The Smith family allegations focus partly on a loan origination fee of $5,100, which they claim was a mislabeled loan discount fee.
A federal judge threw the lawsuit out, saying the Real Estate Settlement Procedures Act made the lawsuit improper. That decision, which was upheld by the 5th U.S. Circuit Court of Appeals in New Orleans, was appealed to the Supreme Court.
The law says no "person shall give and no person shall accept any portion, split, or percentage of any charge made or received for the rendering of a real estate settlement service in connection with a transaction involving a federally related mortgage loan other than for services actually performed."
The argument is over whether that law "prohibits the collection of an unearned charge by a single settlement provider, or whether it covers only transactions in which a provider shares part of a settlement-service charge with one or more other persons who did nothing to earn it," said Justice Antonia Scalia, who wrote the opinion.
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Regulators probe bank's role in Facebook IPO
Headline Legal News |
2012/05/23 09:30
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Regulators are examining whether Morgan Stanley, the investment bank that shepherded Facebook through its highly publicized stock offering last week, selectively informed clients of an analyst's negative report about the company before the stock started trading.
Rick Ketchum, the head of the Financial Industry Regulatory Authority, the self-policing body for the securities industry, said Tuesday that the question is "a matter of regulatory concern" for his organization and the Securities and Exchange Commission.
The top securities regulator for Massachusetts, William Galvin, said he had subpoenaed Morgan Stanley. Galvin said his office is investigating whether Morgan Stanley divulged to only some clients that one of its analysts had cut his revenue estimates for Facebook before the stock hit the market on Friday.
The bank said late Tuesday that it "followed the same procedures for the Facebook offering that it follows for all IPOs," referring to initial public offerings of stock. It said that its procedures complied with regulations.
The questions about the role played by Morgan Stanley, the lead underwriter for the deal, add to the confusion surrounding Facebook's IPO. In the most hotly anticipated stock debut in years, the offering raised $16 billion for the social networking company, valuing it at $104 billion.
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Court to decide if deportation ruling retroactive
Headline Legal News |
2012/05/01 10:08
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The Supreme Court will decide whether to apply retroactively its 2010 decision that immigrants have a right to be told that a guilty plea could lead to their deportation.
The high court on Monday agreed to hear an appeal from Roselva Chaidez, who was in the process of being deported when the court made that March 2010 decision.
Chaidez pleaded guilty to fraud in 2004 after falsely claiming to be a passenger in a car wreck. Authorities started deportation procedures while she was applying for U.S. citizenship in 2007.
Her lawyer never told her that her fraud conviction may lead to her deportation. Chaidez says she should be able to take advantage of the Supreme Court decision that cemented that principle. |
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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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