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High court rules for prison victim of sex assault
Lawyer Blog News | 2011/01/24 16:24

The Supreme Court has reinstated a $625,000 judgment against Ohio prison officials who did nothing to prevent a guard's sexual assault of an inmate and then punished the victim.

The justices unanimously agreed Monday that a federal appeals court was wrong to throw out the award to Michelle Ortiz. Justice Ruth Bader Ginsburg said the 6th U.S. Circuit Court of Appeals had "no warrant" to override the jury's verdict.

Ortiz was serving 12 months at the Ohio Reformatory for Women in November 2002 when she reported that a male guard fondled her breasts and warned, "I'll get you tomorrow, watch." He did, returning when Ortiz was asleep to molest her again.



Court: Chase could increase interest rates
Court Feed News | 2011/01/24 16:24

The Supreme Court says a credit card company legally increased the interest rate on a man's card without telling him.

The high court on Monday ruled for Chase Bank USA and against James A. McCoy.

McCoy complained that Chase increased his interest rate due to his delinquency or default, and applied that increase retroactively. He says credit card regulations make that illegal because Chase did not notify him until after the increase went into effect.

The lower court had thrown out his lawsuit. Justice Sonia Sotomayor agreed, saying the Federal Reserve Board's interpretation of the regulations said Chase did not have to inform him of the rate increase.

Congress changed the law in 2009 to require credit card companies to give a 45-day notice before raising interest rates.



Appeals court rules against ex-coach Mike Leach
Headline News | 2011/01/23 16:27

A Texas appeals court threw out former coach Mike Leach's breach of contract claim against Texas Tech on Friday, though it said he could still pursue non-monetary claims against the school over his controversial 2009 firing.

Leach did not immediately respond to a text message and couldn't be reached by phone.

"We won," Texas Tech attorney Dicky Grigg said. "The court has held that he has no monetary claims against the school."

University attorneys had argued that Leach could not sue the school because Texas Tech is a state entity with sovereign immunity, meaning it can only be sued with permission from the state Legislature or a waiver based on a defendant's conduct.

A trial court ruling went against the school, but the latest decision from the 7th Court of Appeals upheld Texas Tech's assertion of immunity.

Leach's attorney, Paul Dobrowski, said he plans to appeal the issue to the Texas Supreme Court. He said the ruling noted that the state's highest court "is unclear regarding waiver of sovereign immunity" through conduct.



Obama marks anniversary of abortion rights case
Law & Politics | 2011/01/23 16:26

President Barack Obama is marking the 38th anniversary of the Supreme Court's landmark decision on abortion by calling the procedure a constitutional right he's committed to protecting.

Obama also said in a statement Saturday that he remains committed to policies designed to prevent unintended pregnancies. And he called on Americans to recommit themselves to ensuring that, in the president's words, "our daughters have the same rights, the same freedoms, and the same opportunities as our sons to fulfill their dreams."

Obama said the 1973 Roe v. Wade decision that legalized abortion affirmed what he called a "fundamental principle: that government should not intrude on private family matters."

Anti-abortion activists will participate in an annual "March for Life" in Washington on Monday.



Wal-Mart vs. Civil War site: battle heads to court
Lawyer Blog News | 2011/01/23 16:25

Nearly 150 years after Robert E. Lee and Ulysses S. Grant fought in northern Virginia, a conflict over the battlefield is taking shape in a courtroom.

The dispute involves whether a Walmart should be built near the Civil War site, and the case pits preservationists and some residents of a rural northern Virginia town against the world's largest retailer and local officials who approved the Walmart Supercenter.

Both sides are scheduled to make arguments before a judge Tuesday.

The proposed Walmart is located near the site of the Battle of the Wilderness, which is viewed by historians as a critical turning point in the war. An estimated 185,000 Union and Confederate troops fought over three days in 1864, and 30,000 were killed, injured or went missing. The war ended 11 months later.

The 143,000-square-foot space planned by the Bentonville, Ark., retailer would be outside the limits of the protected national park where the core battlefield is located. The company has stressed the store would be within an area already dotted with retail locations, and in an area zoned for commercial use.

The Orange County Board of Supervisors in August 2009 approved the special use permit Wal-Mart needed to build, but the National Trust for Historic Preservation and residents who live within three miles of the site challenged the board's decision.



Mass. clergy abuse lawyer lists names of accused
Legal Career News | 2011/01/21 17:12

A prominent lawyer for Boston-area clergy sex abuse victims on Wednesday released a new list of accused abusers, saying it was time to "end the secrecy."

The list includes previously undisclosed names of 19 Catholic priests, brothers and one deacon who attorney Mitchell Garabedian said were among those accused in the scores of cases his firm settled with the church for "tens of millions" of dollars.

None of the newly disclosed people on the list have been tried or convicted of a crime, and at least 16 of the 19 are dead, including all who were priests of the Boston Archdiocese.

Garabedian said he released the names to protect the public, help victims heal and end what he says is a culture of secrecy in the church that enabled abusers to get away with their crimes for years.

Garabedian said he grew tired of waiting for Boston Cardinal Sean O'Malley to release a similar list.

"We've been waiting for O'Malley to come forward," he said. "I thought it was his obligation to come forward, and we gave him time to come forward. ... It's time to end the secrecy."

The list included 117 names of those accused in cases settled by Garabedian's firm in roughly the last 15 years.



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