Legal Book » the-federal

Plaintiffs Lawyers for 9/11 Workers Make Deal Over Cost Sharing

Master — Thu, 02 Sep 2010 04:59:18 +0000

Lawyers representing most of the more than 10,000 plaintiffs suing New York City and its contractors for illnesses resulting from the response and cleanup after the 9/11 terror attacks have patched up their differences over sharing costs. Plaintiffs firms Sullivan Papain Block McGrath & Cannavo and Worby Groner Edelman & Napoli Bern were set to square off at a hearing Wednesday, but instead submitted a stipulation to the federal judge presiding over a still-to-be-finalized $712.5 million settlement in the cases.

7th Circuit Cites New Health Care Law in Univ. of Chicago Medicare Ruling

Master — Fri, 27 Aug 2010 18:42:51 +0000

The 7th U.S. Circuit Court of Appeals created a circuit split by ruling that Medicare should reimburse the University of Chicago Medical Center for medical residents’ research work not related to Medicare patients. By upholding a Northern District of Illinois ruling that the medical center is eligible for Medicare reimbursements for “indirect medical education” expenses, such as research, this ruling stands in opposition to a 1st Circuit 2008 holding

Will the SG Weigh in on Proposition 8 Case?

Master — Wed, 25 Aug 2010 06:41:32 +0000

The federal government is not a party to the Proposition 8 litigation, but the Justice Department could weigh in as amicus curiae — either when the case arrives at the U.S. Supreme Court or, sooner, before the 9th Circuit. Such a decision would typically be up to Acting Solicitor General Neal Katyal with input from across the federal government, including the White House

6th Circuit: Pharma Negligence Claim Not Pre-empted by FDA Approval

admin — Sat, 21 Aug 2010 05:17:52 +0000

The estate of Mary Buchanan, who died after taking Wyeth’s drug Redux, sued the drugmaker in a case that failed at the federal district court level.

Massachusetts Same-Sex Ruling on Hold

admin — Fri, 20 Aug 2010 04:22:11 +0000

A Massachusetts federal court decision striking down as unconstitutional a section of the federal Defense of Marriage Act will go on hold pending any appeal by the government. The Justice Department and parties represented by Gay & Lesbian Advocates & Defenders agreed on Wednesday to the stay. At the same time, the judge who issued the decision issued an amended judgment that described what his July decision means for each plaintiff: seven married same-sex couples and three widowers.

Credit Report Agencies Liable if They Pass On Bad Watch List Data

Master — Fri, 20 Aug 2010 04:22:07 +0000

In a significant setback for credit reporting agencies, the 3rd Circuit has ruled that consumers have the right to sue if a credit report includes inaccurate information drawn from a government watch list. The opinion marks the first time that a federal appellate court has held that such information is regulated by the federal Fair Credit Reporting Act, and could force Trans Union and other credit reporting agencies to overhaul their policies for handling such information in order to guarantee its accuracy.

Court: N.Y. Town’s Opposition to Church Violated Federal Law

Master — Thu, 19 Aug 2010 18:59:38 +0000

A Westchester County, N.Y., town violated the federal Religious Land Use and Institutionalized Persons Act barring religious discrimination in land use, by putting one obstacle after another in the path of a Pentecostal congregation’s plans to build a new church. Southern District Judge Stephen C.

3rd Circuit Gives Thumbs Down to ‘Fraud-Created Market’ Theory

Master — Tue, 17 Aug 2010 03:21:18 +0000

Ruling on an issue that has split the federal circuits, the 3rd U.S. Circuit Court of Appeals on Monday flatly rejected the so-called “fraud-created-the-market” theory in securities fraud cases, declaring that it lacks any basis in common sense. In Malack v.

Federal Court Tosses Frisbee Fraud Suit

Master — Thu, 05 Aug 2010 03:22:46 +0000

A whistleblower claim against Frisbee manufacturer Wham-O Inc.

Rejected Health Bill for 9/11 Responders May Be Settled in Federal Courts

admin — Fri, 30 Jul 2010 16:51:25 +0000

A bill that would have provided up to $7.4 billion in aid to 9/11 rescue and recovery workers sickened after working in the World Trade Center ruins fell short in the House on Thursday, raising the possibility that the bulk of compensation for the ill will come from a legal settlement hammered out in the federal courts. The bill, which would have provided free health care and compensation payments, failed to win the needed two-thirds majority

Plaintiffs in N.Y. Police Shooting Call Record $7 Million Settlement Fair

Master — Fri, 30 Jul 2010 05:32:23 +0000

The fiancee of an unarmed man killed by police in a 50-bullet barrage and a friend who survived the shooting said Wednesday that a settlement of the federal civil lawsuit with New York City that topped $7 million was fair but not cause for celebration. The deal awards $3.25 million to the estate of Sean Bell, $3 million to Joseph Guzman and $900,000 to a third victim, Trent Benefield, minus 30 percent for legal fees. City officials confirmed that the settlement amount is the largest ever for a fatal police shooting.

Federal Agencies Slipping on Discrimination Complaints, Says EEOC

Master — Fri, 30 Jul 2010 05:32:12 +0000

The federal government’s efficiency in handling discrimination complaints by its own workers is slipping a bit, even as more minorities are landing federal jobs, according to an annual report on the federal work force, released this week by the U.S.

Judge OKs Law Requiring Pornographers to Keep Age Records

admin — Thu, 29 Jul 2010 03:31:09 +0000

A Philadelphia judge has refused to strike down amendments to the federal Child Protection and Obscenity Enforcement Act that require photographers and filmmakers — professional or amateur — to keep records verifying the age and identity of anyone depicted in a sexually explicit film or photo. The judge concluded the law was narrowly tailored to combat child pornography and any constitutional challenge should be analyzed under an “intermediate scrutiny” test rather than strict scrutiny because the law is “content-neutral.”

Obama Pushes Senate to Confirm Judges

admin — Wed, 28 Jul 2010 06:21:35 +0000

President Barack Obama called on the Senate Tuesday to vote on long-stalled nominees for the federal judiciary — an issue that has appeared relatively low among his priorities. He said that some nominees have been waiting as long as eight months to be confirmed and that some legislators “have used parliamentary procedures time and again to deny them a vote in the full Senate.” Obama has rarely pushed the judicial nominee issue in public, but Tuesday’s remarks signal a possible shift.

Former Congressman Pleads Guilty in Connection With Work for Islamic Charity

Master — Thu, 08 Jul 2010 05:12:03 +0000

Mark Siljander, who served in the U.S. House in the 1980s, pleaded guilty Wednesday to obstruction of justice and to acting as an unregistered foreign agent in connection with his work for an Islamic charity that the federal government accuses of funding terrorism. The Islamic American Relief Agency of Columbia, Mo., hired Siljander, working as a lobbyist and consultant, to try to get its name removed from a congressional list of charities suspected of funding international terrorism, prosecutors say.

Justices Extend Gun Owner Rights Nationwide

admin — Mon, 28 Jun 2010 16:03:15 +0000

The U.S. Supreme Court ruled this morning that the Constitution’s “right to keep and bear arms” applies nationwide as a restraint on the ability of the federal, state and local governments to substantially limit its reach.

Supreme Court Upholds Law Criminalizing ‘Material Support’ for Terrorist Groups

Master — Tue, 22 Jun 2010 07:10:38 +0000

The U.S.

High Court Lets Government Take Fee Awards for Clients’ Debts

Master — Tue, 15 Jun 2010 05:51:55 +0000

Attorney fee awards under a major federal fee-shifting statute are paid to the client, not to the attorney, and can be offset to pay a client’s debt to the federal government, a unanimous U.S. Supreme Court ruled on Monday

Proposition 8 Closing Arguments Won’t Be Broadcast, Says Calif. Federal Judge

Master — Fri, 11 Jun 2010 07:17:37 +0000

It’s official: Closing arguments in the federal challenge to Proposition 8 will not be broadcast in any way, shape or form. In an opinion issued late Thursday night, Chief Judge Vaughn Walker denied a request from media groups seeking to record the June 16 session. The U.S

Justices Rule on Bankruptcy, Procedure, Prisons, but Not Hillary Clinton

admin — Tue, 08 Jun 2010 05:04:51 +0000

The U.S. Supreme Court on Monday inched toward the end of the term with three decisions in the areas of bankruptcy, procedure and prison law. Also, the justices dismissed a lawsuit against Hillary Rodham Clinton that argued she was ineligible to serve as Secretary of State; in addition, they denied review of a closely watched challenge to the federal No Child Left Behind education law.

Attorney for General Electric Battles EPA Use of ‘Sledgehammer’ in Superfund Cases

Master — Wed, 19 May 2010 08:51:48 +0000

At the D.C. Circuit on Tuesday, General Electric and the Environmental Protection Agency sparred over the constitutionality of a legal tool used to force the cleanup of hazardous waste sites

International Abduction Treaty Trumps Parental Rights, Says U.S. Supreme Court

admin — Tue, 18 May 2010 05:18:48 +0000

An order prohibiting the removal of a child from a country without the noncustodial parent’s consent is enforceable under an international child abduction treaty, the U.S. Supreme Court ruled on Monday. In a dispute between the American mother and British father of a 15-year-old boy that has been closely watched by family and international law practitioners, the justices, voting 6-3, resolved a split among the federal circuits over the meaning of so-called ne exeat clauses in child custody orders.

Virginia Law Student Wins 4th Circuit Appeal for Inmate

admin — Thu, 06 May 2010 11:03:14 +0000

Dean Razavi is still a couple weeks away from graduating from law school, but he’s already one-for-one at the federal appellate level. On Friday, the 4th Circuit ruled in favor of a federal inmate on a claim of ineffective assistance of counsel in a case that Razavi argued.

High Court Asks Obama Administration for Views on Felon Voting Bans

Master — Tue, 04 May 2010 03:50:34 +0000

After years of expressing little interest in the issue, the U.S.

State Suits Against Toyota Could Pave the Way for Federal Multidistrict Litigation

Master — Sat, 01 May 2010 07:28:06 +0000

Toyota’s legal problems aren’t limited to the federal multidistrict litigation over unintended acceleration of its vehicles. Scores of lawsuits are working their way through state courts across the nation, and some of those cases could pave the road for the MDL. Many of the state court suits were filed more than a year ago and, having progressed further in the court system, might provide some guidance on discovery issues and depositions of Toyota executives that could prove helpful in the MDL and other cases.