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Court: Fla. must weigh arbitration in Madoff case
Court Watch |
2011/11/07 20:30
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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 won't hear 'Ghost Hunters' appeal
Court Line |
2011/11/07 20:30
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The Supreme Court won't hear an appeal from some television networks being sued by a paranormal investigator who claims his idea was stolen and turned into the television show "Ghost Hunters."
Without comment, the court turned away an appeal from NBC Universal, Inc., Universal Television Networks and Pilgrim Films & Television, Inc.
Parapsychologist Larry Montz and producer Daena Smoller unsuccessfully shopped around an idea for a show about paranormal investigators in 1981. "Ghost Hunters" appeared on the Sci Fi Channel — now known as SyFy — in 2004.
Montz and Smoller sued in federal court. The courts threw out their copyright claims, but the 9th U.S. Circuit Court of Appeals agreed that they could sue for breach of an implied contract and breach of confidence claims. |
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Court to look at life in prison for juveniles
Legal PR |
2011/11/06 20:30
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The Supreme Court on Monday agreed to decide whether juveniles convicted of killing someone may be locked up for life with no chance of parole, a follow-up to last year's ruling barring such sentences for teenagers whose crimes do not include killing.
The justices will examine a pair of cases from the South involving young killers who are serving life sentences for crimes they committed when they were 14.
Both cases were brought by the Equal Justice Initiative in Montgomery, Ala. The institute said that life without parole for children so young "is cruel and unusual" and violates the Constitution.
The group says roughly six dozen people in 18 states are under life sentences and ineligible for parole for crimes they committed at 13 or 14.
Kuntrell Jackson was sentenced to life in prison in Arkansas after the shooting death of a store clerk during an attempted robbery in 1999. Another boy shot the clerk, but because Jackson was present he was convicted of capital murder and aggravated robbery.
Evan Miller was convicted of capital murder during the course of arson. A neighbor, while doing drugs and drinking with Miller and a 16-year-old boy, attacked Miller. Intoxicated, Miller and his friend beat the man and set fire to his home, killing the 52-year-old man. Miller's friend testified against him, and got life in prison with the possibility of parole. |
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Ex-owner of Pa. youth lockups gets 18 months
Court Line |
2011/11/04 16:00
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The former owner of two juvenile detention facilities was sentenced Friday to 18 months in prison for his role in a kickback scheme that led the state Supreme Court to vacate the convictions of thousands of juveniles who appeared before a now-jailed Pennsylvania judge.
Robert Powell pleaded guilty in 2009 to concealing a felony and an accessory charge in the so-called "kids for cash" scandal.
Powell testified earlier this year that he was forced to pay hundreds of thousands of dollars to former Luzerne County Judges Mark Ciavarella Jr. and Michael Conahan in return for their support of his two private juvenile detention facilities.
Powell said the judges extorted more than $725,000 from him after they shut down the county-run detention center and instead sent juveniles to his new lockup outside the city of Wilkes-Barre.
Sentencing guidelines call for a punishment of between 27 to 33 months in prison, but Powell was given credit for cooperating with the government.
When Powell became aware he was a target of the investigation, he approached prosecutors and offered to provide details of the scheme. |
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Court tosses $43M award against Ford in crash case
Court Line |
2011/11/04 15:59
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The Illinois Supreme Court has thrown out an Illlinois jury's $43 million award against Ford Motor Co. in a product-liability lawsuit linked to a fiery 2003 crash that killed a Missouri man and disfigured his wife.
The high court, in a Sept. 22 ruling made public Wednesday, among other things found that the lawsuit on Dora and John Jablonski's behalf did not give sufficient evidence for a jury to conclude Ford negligently "breached its duty of reasonable care" in designing the Lincoln Town Car involved in the wreck.
Justices also found that Illinois law does not require a company to warn of defects undetected before the product left the manufacturer.
Pinning the tragic wreck on the distracted motorist who hit the Jablonskis from behind at 60 mph, Ford said in an emailed statement Thursday it was "gratified" by the Illinois Supreme Court's ruling that "recognized and corrected the substantial efforts and deficiencies in the earlier proceedings."
The automaker said the 1993 Town Car exceeded all federal crash safety standards and received a five-star safety rating — the highest possible — from the U.S. government. |
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