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Appeals court won't toss NYC stop-frisk rulings
Court News |
2013/11/25 15:46
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A federal appeals court refused Friday to toss out court rulings finding that New York City carried out its police stop-and-frisk policy in a discriminatory manner, ending what was likely the city's last chance to nullify the decisions before the arrival of a new mayor who has criticized the tactic.
A three-judge panel of the 2nd U.S. Circuit Court of Appeals issued a five-page order Friday, saying the city could make its arguments to toss out the rulings when its appeal of the decisions of U.S. District Judge Shira Scheindlin is heard next year.
Last month, the same appeals panel had suspended the effects of Scheindlin's rulings and removed her from the case, saying she misapplied a related ruling that allowed her to take the stop-and-frisk case and made comments to the media during a trial that called her impartiality into question.
The city had argued that the panel's decision to remove Scheindlin meant it should also nullify her rulings. |
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Court: Malpractice law covers doctors' businesses
Court News |
2013/09/06 22:16
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Businesses formed by doctors are covered by a state law that caps the damages that victims of medical malpractice can collect from health care providers, New Mexico's highest court ruled Thursday.
The state Supreme Court said that medical professional corporations and limited liability companies fall under the law's definition of a health care provider under the state's medical malpractice law.
At issue was whether the 1976 law applied only to licensed physicians, hospitals, outpatient clinics and certain others such as chiropractors. A corporation established by a group of doctors for tax or business purposes isn't licensed, however.
The court said that excluding the businesses formed by medical professionals would undermine the purpose of the law, which was to increase the availability of insurance coverage for malpractice claims. The law was enacted after a large private insurer stopped offering malpractice coverage in the state.
The court said that "covering individuals without offering the same benefits to the companies that they form or operate under disturbs the balanced scheme originally set up by the Legislature that was intended to attract enough health care providers to service the needs of patients in New Mexico and, in turn, ensure that the patients were protected when claims for medical malpractice arise."
The court issued the ruling in deciding three separate malpractice lawsuits.
In 2011, Gov. Susana Martinez vetoed a measure passed by the Democratic-controlled Legislature that would have revised the malpractice law to increase its liability caps and make clear that the business organizations of doctors were covered.
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NM court to hear case over educator pension cuts
Court News |
2013/09/04 22:15
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New Mexico's highest court is mulling whether the state can cut cost-of-living increases for retired educators to help shore up the pension system's long-term finances.
The state Supreme Court is to hear from lawyers on Wednesday in a case brought by four retirees, who say the state Constitution protects their pensions from reductions like those required under a law enacted earlier this year.
The retirees contend the law gives them a "vested property right" in their retirement benefits and they are legally entitled to the cost-of-living adjustments previously promised, which would have been 2 percent this year without the change in law.
The attorney general's office and the Educational Retirement Board, in written arguments to the court, said the Constitution includes a provision that allows pensions to be modified to preserve the solvency of a retirement plan.
However, the retirees said in their lawsuit that provision only applies to retirement benefits before an employee works long enough to become vested in a pension system.
The Democratic-controlled Legislature and Republican Gov. Susana Martinez agreed on a package of pension changes this year to improve the solvency of the educational retirement program, which has a $6 billion gap between its assets and the benefits expected to be paid out in the future.
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Calif. asks Supreme Court to halt inmate releases
Court News |
2013/08/12 15:14
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Against growing odds, Gov. Jerry Brown formally asked the U.S. Supreme Court late Friday to intervene once again in California's yearslong battle with federal judges over control of the state's prison system.
The Democratic governor filed his formal appeal asking the justices to overturn a lower court decision requiring the state to reduce its prison population by nearly 10,000 inmates by the end of the year to improve conditions.
The appeal came the same day as the U.S. Justice Department indicated that it may intervene in an ongoing lawsuit over California's treatment of inmates with severe mental illness, and as a lower federal court dumped cold water on the administration's plan to transfer more inmates to private prisons in other states.
Brown filed the appeal just a week after the Supreme Court soundly rejected the state's request to postpone the lower court's requirement that California reduce what once was the nation's largest correctional system to hold no more than 110,000 inmates in its major prisons. |
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Federal court officials fear budget cuts
Court News |
2013/08/06 09:25
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Federal courts officials in Minnesota say they're worried automatic spending cuts will jeopardize the justice system's smooth operation, with layoffs likely in both the U.S. attorney and public defender's offices.
The cuts are part of what's known as the budget sequester, and they're due to take effect Oct. 1 barring a deal in Congress.
The national public defenders service is facing a 23 percent cut, and Minnesota's federal defender, Katherian Roe, said she will likely have to reduce her staff from 18 people to 10.
Jeanne Cooney, a spokeswoman for the U.S. Attorney's Office for Minnesota, said her office will see cuts in personnel and operations but the extent isn't clear yet. The office has already been under a hiring and salary freeze.
"All indications are that all U.S. Attorney offices will be faced with huge cuts in order to get to the budget levels ordered per sequestration," Cooney said.
Each office's cuts will be determined by the Executive Office for United States Attorneys, part of the Justice Department in Washington.
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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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