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Administration supports lesbian employee's case
Court Feed News | 2011/07/03 18:50
In a strongly worded legal brief, the Obama administration has said the federal act that defines marriage as being between a man and a woman was motivated by hostility toward gays and lesbians and is unconstitutional.

The brief was filed Friday in federal court in San Francisco in support of a lesbian federal employee's lawsuit claiming the government wrongly denied health insurance coverage to her same-sex spouse.

The Justice Department says Karen Golinski's suit should not be dismissed because the law under which her spouse was denied benefits — the Defense of Marriage Act — violates the U.S. Constitution's guarantee of equal protection.

"The official legislative record makes plain that DOMA Section 3 was motivated in large part by animus toward gay and lesbian individuals and their intimate relationships, and Congress identified no other interest that is materially advanced by Section 3," the brief reads, referring to the section in the act that defines marriage as being between a man and a woman.

Though the administration has previously said it will not defend the marriage act, the brief is the first court filing in which it urges the court to find the law unconstitutional, said Tobias Barrington Wolff, a law professor at the University of Pennsylvania.


Lawyer: Mladic to boycott court appearance
Lawyer Blog News | 2011/07/03 06:50
Former Bosnian Serb military chief Ratko Mladic plans to boycott Monday's hearing at the Yugoslav war crimes tribunal, where he is scheduled to enter pleas to charges including genocide, his Serbian lawyer said.

Mladic is boycotting to demand the power to choose his own defense attorneys, lawyer Milos Saljic said.

"Mladic has decided not to attend the court session to insist on his defense team choice," Saljic told The Associated Press.

The court in the Hague, Netherlands has asked for more time to vet the list of lawyers Mladic has submitted to verify their qualifications and eligibility. Saljic said that Mladic wants him and a Russian lawyer.

Mladic was extradited to the tribunal from Serbia on May 31 after being captured following 15 years as a fugitive. He is charged with orchestrating atrocities committed by Serb forces throughout the 1992-95 Bosnian war. He faces a maximum life sentence if convicted.


WaMu settles class action suit for $208.5 million
Class Action News | 2011/07/01 22:09

Washington Mutual Inc. and its fellow defendants have agreed to pay $208.5 million to settle a class-action lawsuit stemming from the lender's collapse in 2008, the biggest U.S. bank failure in history.

The defendants and lead plaintiff Ontario Teachers' Pension Plan Board outlined the terms of the agreement in documents filed with U.S. District Court in Seattle on Thursday.

The pact calls for Washington Mutual to pay $105 million, for a group of underwriters that includes Goldman, Sachs & Co., to pay $85 million, and for Deloitte & Touche LLP to kick in another $18.5 million. In exchange, the plaintiffs have agreed to dismiss all claims against the lender and its co-defendants.

The settlement must be approved by a bankruptcy court overseeing Washington Mutual's reorganization plan.

In 2008, the federal government seized WMI's flagship bank, based in Seattle, and sold its assets to JPMorgan Chase & Co. for $1.9 billion.

Plaintiffs ranging from huge pension funds to small individual investigators accused WMI and its banking executives of securities fraud, claiming the bank's lending standards and practices were misrepresented, questionable business practices were not disclosed and federal financial reports were misleading.

The Ontario teachers' pension fund has claimed it lost $24 million from alleged wrongdoing by WMI and the other defendants.

Under the terms of the settlement deal, WMI and the other defendants did not admit any wrongdoing.



Appeals court dismisses nuclear waste suit
Lawyer Blog News | 2011/07/01 22:08

The Obama administration won a legal battle Friday in the long-standing fight over where to bury the nation's nuclear waste, but it's not likely to be the last.

The federal appeals court in Washington ruled against South Carolina, Washington state and others that want to ship radioactive spent nuclear fuel they are temporarily storing to a repository 90 miles from Las Vegas at Yucca Mountain.

Congress chose Yucca Mountain as the leading candidate for waste disposal. But opponents are concerned about contamination, and the Obama administration said it would not consider the site and would look for alternatives.

The appeals court ruled that it's not an appropriate time for it to intervene because the Nuclear Regulatory Commission hasn't made a final decision yet on the status of Yucca Mountain. So the court threw out the case.

But the court pointed out that the commission is required under the law to issue a final decision within four years of an application, which will come in 2012 for the Bush administration's application for construction at Yucca Mountain. The court noted the commission's decision can be reviewed by the court and that it can also be sued for failing to act by the deadline.

Other than Yucca Mountain, the United States has no long-term plan for disposing of its nuclear waste. A federal report issued early in June said the U.S. has generated more than 82,000 tons of spent nuclear fuel and high-level nuclear waste, which it was storing at 80 sites in 35 states.



Mich. ban on race in college admissions illegal
Court Feed News | 2011/07/01 17:08

A federal appeals court has struck down Michigan's ban on the consideration of race and gender in university admissions.

In a 2-1 decision Friday, the court said Michigan's Proposal 2 is unconstitutional because it burdens minorities. Voters approved the amendment to the state constitution in 2006, and the court notes the only way people who disagree with it can seek change is in another statewide vote.

The law has forced the University of Michigan and other public schools to change admissions policies giving minorities preferential treatment.

The ban passed with 58 percent of the vote nearly five years ago and also applies to government hiring.

California, Nebraska and Washington state have similar bans. Arizona and Colorado voters have rejected them in recent years.



Google Wi-Fi snooping lawsuits can proceed
Lawyer Blog News | 2011/07/01 07:46
A federal judge has refused Google's plea to dismiss several class-action lawsuits accusing the Internet search giant of illegally collecting online information from unencrypted wireless networks while working on its "Street View" map feature.

Google has acknowledged that its fleet of specialized "Street View" vehicles inadvertently gathered about 600 gigabytes of Wi-Fi data in more than 30 countries while photographing neighborhoods.

The Mountain View, Calif.-based company apologized and maintains it never used the data. It also argues it did nothing illegal because the Wi-Fi data was publicly available like radio transmissions.


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