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Court: Ohio E-School Can't Delay Repayment of $60M to State
Topics in Legal News | 2017/06/08 13:02
ECOT's reported enrollment of 15,000 Ohio students makes it one of the largest online charter schools in the U.S.

Democrats jumped on the court's decision to pile criticism on the school, which has struggled for years against attacks on its enrollment practices and student performance ratings.

"This sham, unaccountable school is a clear waste of taxpayer money and needs to be shut down," said Democratic gubernatorial candidate Betty Sutton. "The main thing that they seem to do well is shower Republican candidates and committees with political donations instead of educating children. Unfortunately, it is a symptom of a much larger disease facing Ohio's education system."

ECOT spokesman Neil Clark said the school didn't get a fair shake in court. He took particular aim at one of the three deciding judges, Gary Tyack, as being biased against the school, online learning and school choice.

"Today, Judge Tyack confirmed that he would put his agenda before the law," Clark said in a statement. "He is desperate to destroy ECOT and is unwilling to even wait for the judicial system to play out before advancing his vendetta."

Chief Justice Maureen O'Connor rebuked Tyack after oral arguments were held in the case before the state's high court. She wrote that his comments against the school, its founder and online education were derogatory, extrajudicial, unnecessary and unacceptable.

The school's efforts to revisit the issue of Tyack's impartiality came as it braced for Monday's important school board vote, which comes amid the long-running legal dispute over what attendance-tracking practices should be used to determine state funding.

A state hearing officer ruled against the school in its appeal of the state Education Department's determination that the school owes $64 million for enrollment that can't be justified due to lack of documentation.



Mom sentenced in Australian court for drowning 3 children
Topics in Legal News | 2017/06/01 13:02
A mother who drowned three of her children and attempted to kill a fourth by driving the family car into an Australian lake was sentenced Tuesday to 20 years and six months in prison.

Akon Guode, 37, drove a SUV carrying four of her seven children into the lake in Melbourne in April 2015. Her 5-year-old daughter Alual survived after passersby pulled her from the partially submerged car.

But Guodes' 16-month-old son Bol and 4-year-old twins, Hanger and her brother Madit, died.

Victoria state Supreme Court Justice Lex Lasry said he would have sentenced Goude to life in prison if she had not pleaded guilty to murder and attempted murder.

"People don't understand why you did what you did," the judge said. "In my opinion, your actions were the product of extreme desperation," he added.

Goude wept and wailed through her sentencing hearing as the judge outlined her crimes and her troubled life that led to it.

Born one of 16 children in 1979, she fled Sudan's civil war in which her husband died and arrived in Australia as a refugee in 2006.

The judge set a non-parole period of 20 years and said she will likely be deported on release. Her hometown, the city of Wau, is now in South Sudan, which became an independent country in 2011. It's not clear to which country she will be deported.


Supreme Court to hear case about party in vacant DC house
Topics in Legal News | 2017/01/22 15:43
The Supreme Court will hear a case in which people arrested for having a party in a vacant house sued police for violating their constitutional rights and won.

The justices said Thursday they will review lower court rulings in favor of 16 people who gathered in a house in Washington about three miles east of the nation's Capitol for a party.

Police arrested the group after no one could identify whose house it was, some said it was a birthday party and others said it was a bachelor party. No one could identify the guest of honor. Several women were scantily clad, with money hanging out of their garter belts. The officers said that the scene resembled a strip club, according to court papers.

Several of the partygoers said someone named "Peaches" gave them permission to have the party.

But when an officer later contacted the purported owner of the home, he denied having given anyone permission to have a party.

The group was arrested for trespassing, a charge later changed to disorderly conduct and then dropped altogether. But the 16 people sued for false arrest and were awarded $680,000.

The issue for the court is whether the officers had sufficient reason to arrest the group for trespassing. The court also will determine whether the officers should be shielded from liability even if their actions are found to violate the law.

A panel of the federal appeals court in Washington upheld the judgment, but four other judges on the court said that the officers should have been protected, citing a string of Supreme Court decisions.


Supreme Court upholds broad reach of bank fraud law
Topics in Legal News | 2016/12/11 09:56
The Supreme Court is upholding the broad reach of a federal law prohibiting bank fraud.

The unanimous ruling on Monday came in the case of a California man who illegally siphoned about $307,000 out of a Taiwanese businessman's Bank of America bank account.

Justice Stephen Breyer rejected Lawrence Shaw's claim that the law applies only when a defendant intends to cheat the bank itself ? not a bank customer. Breyer said the bank has property interests in the customer's account and that Shaw misled the bank to steal the customer's money.

The justices sent the case back to a lower court to decide whether the jury instructions in Shaw's case were correct.



Court blocks federal plan to extend overtime pay to many
Topics in Legal News | 2016/12/05 08:43
In a blow to the Obama administration's labor-law plans, a federal court has blocked the start of a rule that would have made an estimated 4 million more American workers eligible for overtime pay heading into the holiday season.

As a result of Tuesday's ruling, overtime changes set to take effect Dec. 1 are now unlikely be in play before vast power shifts to a Donald Trump administration, which has spoken out against Obama-backed government regulation and generally aligns with the business groups that stridently opposed the overtime rule.

The U.S. District Court in the Eastern District of Texas granted the nationwide preliminary injunction, saying the Department of Labor's rule exceeds the authority the agency was delegated by Congress.

"Businesses and state and local governments across the country can breathe a sigh of relief now that this rule has been halted," said Nevada Attorney General Adam Laxalt, who led the coalition of 21 states and governors fighting the rule and has been a frequent critic of what he characterized as Obama administration overreach. "Today's preliminary injunction reinforces the importance of the rule of law and constitutional government."

The regulation sought to shrink the so-called "white collar exemption" that allows employers to skip overtime pay for salaried administrative or professional workers who make more than about $23,660 per year. Critics say it's wrong that some retail and restaurant chains pay low-level managers as little as $25,000 a year and no overtime — even if they work 60 hours a week.




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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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