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Appeals court reinstates lawsuit against Glock
Headline Legal News |
2012/07/27 11:30
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A California appeals court has reinstated a now-retired paralyzed Los Angeles police officer's product liability lawsuit against gun manufacturer Glock.
Enrique Chavez was paralyzed from the waist down when his 3-year-old son accidentally shot him with his service pistol.
The lawsuit claims the .45-caliber Glock 21 pistol lacks adequate safeguards against accidental discharge. There is no grip safety on the Glock.
A Los Angeles judge dismissed the suit two years ago, saying a Police Department review of the gun's design found the Glock's advantages outweighed any inherent risks.
The San Francisco Chronicle says the 2nd District Court of Appeals on Tuesday reinstated the suit, saying a jury could conclude that a grip safety strong enough to withstand a child's grasp would minimize the risk of accidental discharge.
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Court sides with NJ judges in pension dispute
Court Line News |
2012/07/25 14:30
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New Jersey's Supreme Court dealt a partial defeat to one of Gov. Chris Christie's signature legislative accomplishments Tuesday when it ruled that the state's judges don't have to contribute more to their pensions and health benefits. A leading state lawmaker immediately said the battle over the matter would continue.
The narrow 3-2 decision sided with a legal challenge filed last year by a state Superior Court judge in Hudson County who argued that the law imposing the pension and health care benefits changes violated a part of the state constitution that set judges' salaries and said they cannot be reduced.
The justices noted in their ruling that without a corresponding salary increase, the increased contributions would eventually cost judges at least $17,000 annually in take-home pay, amounting to a pay cut of more than 10 percent.
Christie, a Republican, had worked with the Democratic-controlled Legislature to pass the law last year. It affects hundreds of thousands of government workers around the state in addition to between 400 and 500 sitting judges and justices. |
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Goldman agrees to settle mortgage debt class action
Headline Legal News |
2012/07/20 11:59
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Goldman Sachs Group Inc has agreed to settle a class-action lawsuit with investors who claimed losses on $698 million of securities backed by risky mortgage loans issued by defunct subprime lender New Century Financial Corp.
Lawyers for the investors said in a letter filed in U.S. District Court in Manhattan on Tuesday that a proposed settlement had been reached. Terms were not immediately disclosed, though they are expected to be included in court papers filed by July 31.
Goldman is one of many banks accused by U.S. legislators and regulators of fueling the nation's housing and financial crisis by misleading investors about the quality of mortgage debt they sold.
A federal judge in February ordered Goldman to face the class-action lawsuit that accuses it of defrauding investors in GSAMP Trust 2006-S2, a $698 million offering of certificates backed by second-lien home loans.
The loans were made by New Century, a subprime mortgage specialist that went bankrupt in 2007.
The investors, led by the Public Employees' Retirement System of Mississippi, contend the offering documents contained materially untrue statements about the underwriting and appraisal standards used by California-based New Century, the mortgage originator. Goldman securitized and issued the certificates.
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Class-action lawsuit filed against Mountain State
Legal News |
2012/07/18 15:59
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Three students are suing Mountain State University, former President Charles Polk and the Board of Trustees over the school's revoked accreditation, saying it renders their degrees worthless.
Dale Burger and his two children, Amanda and Jeff Burger, are seeking class-action status for their case, filed late Wednesday in Kanawha County Circuit Court.
Some 3,000 students were enrolled as of April, the lawsuit says. But the plaintiffs contend that the class should cover anyone who enrolled since July 10, 2008. That's when the school first learned it might be in trouble.
The lawsuit says Mountain State told students it was in sound shape when it knew otherwise.
A spokesman declined comment on the lawsuit Thursday.
The private Beckley-based school has campuses in West Virginia, Florida, North Carolina and Pennsylvania.
Mountain State is appealing the Higher Learning Commission's decision to withdraw general accreditation. |
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Wis. town barred from beefing up farm water rules
Topics in Legal News |
2012/07/11 15:33
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The Wisconsin Supreme Court ruled Wednesday that a rural town lacksthe authority to impose tougher water-quality standards on a livestockfarm than the state requires.Magnolia, a community about 30 miles south of Madison, granted LarsonAcres Inc. a permit in 2007 when it wanted to expand, but included anumber of conditions because residents blamed it for polluting theirwater supply. The farm initially had 1,000 cows and now has about2,900.Among the conditions, the farm had to allow the town to conductmonthly water quality tests on its land, and it had to follow certaincrop-rotation strategies to reduce nitrate buildup.The farm sued, arguing that pollution-control measures are laid out bythe state and can't be modified by individual towns.The state Supreme Court agreed, ruling that the town exceeded itsauthority by imposing additional measures.The case has been watched by rural Midwest communities struggling todeal with the expansion of so-called factory farms. States throughoutthe farm belt have seen big farms get bigger as the agricultureindustry continues to consolidate.Similar cases have been filed in six other Midwestern states, butWisconsin's is believed to be the first to reach a state supremecourt. |
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Md. appeals court chief judge nearing retirement
Legal News |
2012/07/09 15:19
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The final year of Robert M. Bell's tenure as chief judge of Maryland's top court began Friday, when he turned 69 in a state where the constitution requires jurists to retire at 70.
Chief Judge Robert M. Bell has served on the Court of Appeals since 1991 and has led it since 1996.
Thus, the clock has started for Gov. Martin O'Malley to name the first new Court of Appeals chief judge since 1996.
"A year out is not too early at all to be thinking of this (appointment), because others are," said Parris N. Glendening, the former Maryland governor who appointed Bell chief judge 16 years ago. "Of all the various appointments that I made, that was the one that was most intensely lobbied, discussed."
The intensity is strong because the opportunity is so rare.
The Court of Appeals has only had two leaders during the past 40 years: Bell and his predecessor, Robert C. Murphy.
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