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Supreme Court says tribes must be fully reimbursed
Court Feed News |
2012/06/18 20:12
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The Supreme Court says the government must fully reimburse Native American tribes for money they spent on federal programs.
The federal government had agreed to fully reimburse money tribes spent on programs like law enforcement, environmental protection and agricultural assistance, but Congress capped the amount of money earmarked for that reimbursement. The tribes sued, and the 10th U.S. Circuit Court of Appeals in Denver said the money must be fully reimbursed.
The high court on Monday said the Ramah Navajo Chapter and other Native American tribes must get their money back.
Justice Sonia Sotomayor wrote the majority opinion for Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and Elena Kagan. Chief Justice John Roberts, and Justices Ruth Bader Ginsburg, Stephen Breyer and Samuel Alito dissented. |
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2 men sentenced in Palin lawyer harassment case
Court Feed News |
2012/06/09 18:18
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Two Pennsylvania men convicted of harassing Sarah Palin's Alaska lawyers were sentenced Friday to time served and five years' probation, with the proceedings briefly halted after a short outburst in court by one of the defendants.
During his sentencing in U.S. District Court in Anchorage, 20-year-old Shawn Christy said the judge's order that he live up to six months in a Pennsylvania community re-entry program was "ridiculous."
His father, Craig Christy, 48, was ordered to perform community service.
The Christys, of McAdoo, Pa., pleaded guilty in January to making harassing phone calls to Palin's attorneys. Attorney John Tiemessen testified that the men's calls threatened Palin and attorneys. Both Christys apologized Friday for their actions.
Shawn Christy was released and sent back to Pennsylvania last month after an evaluation report said he wasn't a danger to the public. |
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Court: Families cannot sue over loan discount fee
Court Feed News |
2012/05/25 23:11
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The Supreme Court ruled unanimously Thursday that three families cannot sue a mortgage company for allegedly charging them a loan discount fee without giving them a lower interest rate.
The high court's decision tosses out lawsuits filed in 2008 against Quicken Loans, Inc., in Louisiana by three families who claimed they paid the fees without receiving anything in return. The Freeman family paid $980 and the Bennett family $1,100 in loan discount fees but allegedly did not get lower interest rates in return. The Smith family allegations focus partly on a loan origination fee of $5,100, which they claim was a mislabeled loan discount fee.
A federal judge threw the lawsuit out, saying the Real Estate Settlement Procedures Act made the lawsuit improper. That decision, which was upheld by the 5th U.S. Circuit Court of Appeals in New Orleans, was appealed to the Supreme Court.
The law says no "person shall give and no person shall accept any portion, split, or percentage of any charge made or received for the rendering of a real estate settlement service in connection with a transaction involving a federally related mortgage loan other than for services actually performed."
The argument is over whether that law "prohibits the collection of an unearned charge by a single settlement provider, or whether it covers only transactions in which a provider shares part of a settlement-service charge with one or more other persons who did nothing to earn it," said Justice Antonia Scalia, who wrote the opinion. |
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NFL union files suit against league over 2010 cap
Court Feed News |
2012/05/23 23:10
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The NFL Players Association has filed a complaint in federal court accusing the league of colluding to impose a secret salary cap during the uncapped 2010 season.
The claim was filed Wednesday in U.S. District Court in Minnesota, which oversees the Reggie White settlement covering NFL labor matters.
The complaint claims a "conspiracy" to set a $123 million salary cap for the 2010 season, when owners did not have the legal authority to do so. The Dallas Cowboys and Washington Redskins have had their future salary caps lowered for going over the limit in 2010. |
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Md. highest court recognizes same-sex divorce
Court Feed News |
2012/05/19 05:49
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Maryland's highest court ruled Friday that same-sex couples can divorce in the state even though Maryland does not yet permit same-sex marriages.
The Court of Appeals ruled 7-0 that couples who have a valid marriage from another state can divorce in Maryland. The case involved two women who were married in California and denied a divorce in 2010 by a Maryland judge.
The ruling may have limited effect because same-sex weddings, and by extension divorces, are set to start in the state in January. However, opponents of the law passed this year are seeking to overturn it in a potential voter referendum in November.
"A valid out-of-state same-sex marriage should be treated by Maryland courts as worthy of divorce, according to the applicable statues, reported cases, and court rules of this state," the court concluded in a 21-page ruling.
It said Maryland courts should withhold recognition of a valid foreign marriage only if that marriage is "repugnant" to state public policy. The court says the threshold is a high bar that has not been met in the case that it ruled on.
Lawyers for the women told the Court of Appeals that is would be unprecedented for the state not to recognize gay marriages performed elsewhere. |
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Texas high court orders state to pay ex-inmate $2M
Court Feed News |
2012/05/19 05:48
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The Texas Supreme Court ordered the state Friday to pay about $2 million to an ex-inmate who spent 26 years in prison for murder before his conviction was overturned, a decision legal experts said could set a new standard for when ex-prisoners should be compensated.
Texas has paid nearly $50 million to former inmates who have been cleared. But state Comptroller Susan Combs had resisted paying Billy Frederick Allen, arguing that his conviction was overturned because he had ineffective lawyers, not because he had proven his innocence.
The state Supreme Court, in a unanimous opinion written by Justice Dale Wainwright, disagreed, saying the state's criminal courts had shown Allen had a legitimate innocence claim and he should be paid.
Jeff Blackburn, chief counsel of the Innocence Project of Texas, which works to free wrongfully convicted inmates, said Friday's ruling could open the door for more compensation claims from ex-prisoners.
"The floodgates are not opening, but what this will do is give a fair shake to people who are innocent," Blackburn said. "This is a major step forward in terms of opening up and broadening the law of exoneration in general."
Texas' compensation law is the most generous in the U.S., according to the national Innocence Project. Freed inmates who are declared innocent by a judge, prosecutors or a governor's pardon can collect $80,000 for every year of imprisonment, along with an annuity. |
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