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Groups sue to block Florida voter roll purge
Headline Legal News |
2012/06/09 00:14
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Several groups and individuals on Friday asked a federal court to block Florida from carrying out its purge of potentially ineligible voters from the rolls.
A Hispanic civic organization and two naturalized citizens — backed by the American Civil Liberties Union and others — filed a lawsuit in U.S. District Court in Tampa seeking to halt the purge. Two days ago, the administration of Republican Gov. Rick Scott rejected calls by the federal government to stop the effort.
"The illegal program to purge eligible voters uses inaccurate information to remove eligible citizens from the voter rolls," said Howard Simon, executive director of the ACLU of Florida. "...We now look to the courts to stop the Scott administration from assaulting democracy by denying American citizens the right to vote."
The lawsuit is likely to have little immediate impact because most local election supervisors have halted the removal of voters, citing conflicting legal opinions from the federal government and state officials.
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Supreme Court says Manchester property tax data private
Headline Legal News |
2011/12/24 16:33
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The Vermont Supreme Court says information used by towns to calculate adjustments to residents' property taxes should remain private.
In an entry order published Friday, the court reversed a Bennington County Superior Court ruling that said the town of Manchester should provide the tax information to someone who requested it.
The issue involves the amount Vermont property tax payers may have deducted from their bills based on their income, school property tax burden and if they to use a portion of their tax refund to reduce property taxes.
The state Department of Taxes calculates that amount and sends it to towns to reduce a property owner's taxes.
The Supreme Court says the law governing the deductions is covered by the state's privacy laws. Property tax bills are, however, public.
The court decision is posted on the town website, http://www.manchester-vt.gov/ |
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NY top court allows private securities claims
Headline Legal News |
2011/12/20 10:25
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Enforcement by the state attorney general against securities fraud doesn't pre-empt private common-law claims of negligence against investment companies, New York's top court ruled Tuesday.
The Court of Appeals rejected J.P. Morgan Investment Management's argument that New York's Martin Act gives the attorney general exclusive authority over fraudulent securities and investment practices. The court said Assured Guaranty (UK) Ltd. can sue J.P. Morgan.
We agree with the attorney general that the purpose of the Martin Act is not impaired by private common-law actions that have a legal basis independent of the statute because proceedings by the attorney general and private action have the same goal — combating fraud and deception in securities transactions, Judge Victoria Graffeo wrote.
Assured claimed breach of fiduciary duty and gross negligence, alleging J.P. Morgan invested heavily in risky mortgage-backed securities while committing to a conservative investment policy for reinsurance company Orkney RE II PLC, whose obligations Assured guaranteed. After the market crashed, Assured had to cover Orkney losses.
Here, the plain text of the Martin Act, while granting the attorney general investigatory and enforcement powers and prescribing various penalties, does not expressly mention or otherwise contemplate the elimination of common-law claims, Graffeo wrote. The unanimous ruling upheld a midlevel court, which had reversed a judge. |
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Penn State figures accused of lying head to court
Headline Legal News |
2011/12/13 13:03
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Jerry Sandusky's decision Tuesday to waive his preliminary hearing shifts the focus in the child sex-abuse scandal to two Penn State administrators accused of failing to properly report suspected abuse and lying to the grand jury investigating Sandusky.
Tim Curley and Gary Schultz face their own pretrial hearing on Friday in Harrisburg, and although the charges are much different, with far less severe potential penalties, their cases could hinge on a man also expected to be a prime witness against Sandusky: assistant football coach Mike McQueary.
McQueary testified that he happened upon rhythmic, slapping sounds in the football team locker room showers in March 2002, and looked in to see a naked boy being sodomized by the former defensive coordinator, according to a grand jury presentment.
McQueary, then a 28-year-old graduate assistant, reported what he saw to then-football coach Joe Paterno, the grand jury said. Paterno called Curley, the university's athletic director, the next day, and a week and a half later McQueary met with Curley and Schultz — who oversaw university police in his position as a vice president. |
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Court: Assange can continue extradition fight
Headline Legal News |
2011/12/05 10:23
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A British court Monday gave WikiLeaks founder Julian Assange permission to continue his legal battle to avoid extradition to Sweden over sex crimes allegations.
The decision means Assange does not face immediate deportation. British judges said Assange could apply to the Supreme Court to hear one specific point of his legal case — but there is no guarantee that the higher court will accept his request.
Assange's lawyers had argued that every European arrest warrant issued by police or prosecutors was flawed, because neither should be considered a judicial authority.
The High Court judges did not indicate whether they agreed with the argument, but said Assange's legal team should have the chance to ask the Supreme Court to grant them a hearing.
Assange seemed pleased by the ruling. Asked if it was a victory, he said yes. He had listened attentively to the hearing, frequently taking notes.
Assange now has 14 days to submit a written request to the Supreme Court, Assange's lawyer Gareth Peirce said. |
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