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Court rules NY town's prayer violated Constitution
Legal Career News |
2012/05/15 22:18
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An upstate New York town violated the constitutional ban against favoring one religion over another by opening nearly every meeting over an 11-year span with prayers that stressed Christianity, a federal court of appeals ruled Thursday.
In what it said was its first case testing the constitutionally mandated separation of church and state, the U.S. Court of Appeals for the Second Circuit ruled the town of Greece, a suburb of Rochester, should have made a greater effort to invite people from other faiths to open monthly meetings. The town's lawyer says it will appeal.
From 1999 through 2007, and again from January 2009 through June 2010, every meeting was opened with a Christian-oriented invocation. In 2008, after residents Susan Galloway and Linda Stephens complained, four of 12 meetings were opened by non-Christians, including a Jewish layman, a Wiccan priestess and the chairman of the local Baha'i congregation.
Galloway and Stephens sued and, in 2010, a lower court ruled there was no evidence the town had intentionally excluded other faiths.
A town employee each month selected clerics or lay people by using a local published guide of churches. The guide did not include non-Christian denominations, however. The court found that religious institutions in the town of just under 100,000 people are primarily Christian, and even Galloway and Stephens testified they knew of no non-Christian places of worship there. |
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Riders stuck on snow-trapped train sue NY agency
Legal Career News |
2011/12/28 10:36
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Subway riders stuck all night in a train trapped by snow after a blizzard sued a transportation agency on Tuesday, saying officials told them it was simply an act of God.
In court papers describing last year's ordeal, they said they had no heat, food, water or bathroom facilities while the Metropolitan Transportation Authority kept promising help.
The city was all but paralyzed when the storm hit on Dec. 26, 2010, with 2 feet of snow piled around an A train on elevated tracks in Queens. Inside were about 500 passengers who spent eight hours there in freezing temperatures.
The conductor refused to allow passengers off the train, resulting in a deplorable imprisonment, said 22 of them named in the suit, which was filed in Queens state Supreme Court.
They are seeking unspecified damages from the New York City Transit Authority, part of the MTA, which runs the nation's largest mass transit system. The subway alone has a daily ridership of more than 5 million.
Manhattan attorney Aymen Aboushi said the stranded passengers decided to sue after a year of meetings with transit officials convinced them that suing was the only way to get the MTA to pay attention. He said he's handling the case pro bono in hopes of forcing changes in the emergency response system to avert a similar nightmare. |
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RI pension overhaul may head to the courts
Legal Career News |
2011/11/18 09:05
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Rhode Island is taking dramatic steps toward fixing one of the nation's most underfunded public pension systems, but the true battle with public-sector unions may be just beginning.
State lawmakers ignored jeers from public workers and the threat of a lawsuit Thursday to pass sweeping changes to the pension system covering 66,000 active and retired public workers.
The legislation is designed to save billions of dollars in future years by backing away from promises to state and municipal workers that lawmakers say the state can no longer afford. Gov. Lincoln Chafee, an independent, said he will sign the bill.
Public-sector union leaders promised a court challenge before the final votes were even cast.
The attorneys are going to make a lot of money, Philip Keefe, president of Local 580, which represents social service, administrative and technical workers. If this is overturned, it will be you, me and every other taxpayer that is on the hook for billions.
Supporters acknowledged that a lawsuit was inevitable but said the bill was thoroughly reviewed for any legal problems. Supporters said one of the reasons for the bill was to ensure there's money available when today's workers retire. |
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SearchMedia Announces Settlement on Securities Class Action
Legal Career News |
2011/11/11 09:42
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SearchMedia Holdings Limited, one of China's leading nationwide multi-platform media companies, today announced that it reached a tentative partial settlement agreement for a securities class action lawsuit pending against the Company and a number of its current and former directors, officers and employees.
The securities class action lawsuit was filed in the United States District Court for the Southern District of Florida (Murdeshwar v. SearchMedia Holdings Limited, et al., Case no. 1:11-cv-20549-KMW) against the Company and certain of its current and former officers and directors in relation to various disclosures regarding the Company's acquisition of SearchMedia International Ltd. and the financial condition of that company.
The partial settlement agreement is made on behalf of the defendants who served as directors and officers of Ideation Acquisition Corp. (the Settling Defendants) without any admission of wrongdoing on the part of the Settling Defendants and provides for a settlement fund of $2.75 million, which the Company expects to be entirely funded by its insurance carriers. The partial settlement agreement remains subject to court approval and certain other conditions including execution of a stipulation of settlement, notice to class members, and an opportunity for class members to object or opt out of the settlement.
The securities class action lawsuit remains pending against other defendants who reside in China and who have not been served with the complaint and summons. |
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Mom pleads guilty to forcing beer on children
Legal Career News |
2011/10/19 09:37
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A Connecticut mother has pleaded guilty to charges that she forced her 4-year-old son to drink beer and gave her 10-month-old daughter beer and cocaine.
The Connecticut Post reports Juliette Dunn, of Bridgeport, pleaded guilty Wednesday to risk of injury to a child under the Alford Doctrine, where the defendant doesn't agree to the facts but agrees the state has enough evidence to win a conviction.
A companion, 33-year-old Lisa Jefferson, pleaded guilty to the same charges.
Police say officers were waved down in June by a neighbor who complained that a woman was feeding children beer at a playground.
The children were turned over to the Department of Children and Families after 29-year-old Dunn's arrest. Custody hasn't been decided. |
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