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Court upholds Navy cancellation of A-12 aircraft
Court Feed News | 2009/06/03 11:21
Boeing Co. and General Dynamics Corp. must pay the government $2.8 billion to settle a nearly two-decade dispute over the cancellation of a Navy contract for a stealth aircraft, the U.S. Court of Appeals for the Federal Circuit ruled Tuesday.


The Navy was justified in 1991 when it opted to terminate the $4 billion contract with McDonnell Douglas and General Dynamics to build a stealth aircraft, the court said.

Chicago-based Boeing, which acquired McDonnell Douglas in 1997, said it will appeal the ruling.

The aircraft project was ended for being substantially over budget and behind schedule, according to the Justice Department. Both contractors were under a fixed-price contract to develop the A-12, a carrier-based attack aircraft.

But because of serious technical difficulties, the Pentagon refused to approve additional funding, leading the Navy to cancel the program.

In a 29-page opinion, the court explained the contractor's performance history showed that "the government was justifiably insecure about the contract's timely completion."

Both contractors are now required to repay the government more than $1.35 billion, plus interest of $1.45 billion.

Boeing had questioned whether the government owed money to both companies for work in progress when the contract was terminated.

In a statement, Boeing called for an immediate appeal of the court's ruling. Falls Church, Va.-based General Dynamics issued a statement saying it disagrees with the ruling and continues to believe that the government's default termination was not justified. The company intends to seek a re-hearing in the Federal Circuit.



Court says no exclusive cable rights in apartments
Court Feed News | 2009/05/27 08:59
Cable companies cannot have exclusive rights to provide service in apartment buildings that they wire, a federal appeals court ruled Tuesday.


The decision from the Court of Appeals in Washington upholds a Federal Communications Commission ruling that banned the exclusive agreements as anticompetitive.

The deals involved a provider exchanging a valuable service like wiring a multiunit building for cable in exchange for the exclusive right to provide service to all the residents.

The commission said cable operators could no longer enter into such deals and existing ones could not be enforced.

The National Cable & Telecommunications Association and a pair of affiliated real estate groups sued, saying the FCC did not justify the change in policy, consider the retroactive effects or have the authority to regulate the deals. But the appeals court sided with the FCC and said it acted well within the bounds of the law.

A spokesman for the cable association had no immediate comment on the ruling.



Suspects can be interrogated without lawyer
Court Feed News | 2009/05/26 11:35
The Supreme Court has overturned a long-standing ruling that stops police from initiating questions unless a defendant's lawyer is present, a move that will make it easier for prosecutors to interrogate suspects.


The high court, in a 5-4 ruling, overturned the 1986 Michigan v. Jackson ruling, which said police may not initiate questioning of a defendant who has a lawyer or has asked for one unless the attorney is present.

The Michigan ruling applied even to defendants who agree to talk to the authorities without their lawyers.

The court's conservatives overturned that opinion Tuesday, with Justice Antonin Scalia saying "it was poorly reasoned, has created no significant reliance interests and (as we have described) is ultimately unworkable."

Scalia, who read the opinion from the bench, said their decision will have a "minimal" effects on criminal defendants. "Because of the protections created by this court in Miranda and related cases, there is little if any chance that a defendant will be badgered into waiving his right to have counsel present during interrogation," Scalia said.

The Michigan v. Jackson opinion was written by Justice John Paul Stevens, the only current justice who was on the court at the time. He dissented from the ruling, and in an unusual move read his dissent aloud from the bench. It was the first time this term a justice had read a dissent aloud.

"The police interrogation in this case clearly violated petitioner's Sixth Amendment right to counsel," Stevens said. Overruling the Jackson case, he said, "can only diminish the public's confidence in the reliability and fairness of our system of justice."



Guilty Plea for Man Behind Creative E-Trade Scam
Court Feed News | 2009/05/22 15:54

A California man has pleaded guilty to opening tens of thousands of bogus online brokerage accounts and then pocketing tiny test deposits made by companies like E-Trade Financial and Charles Schwab.

Michael Largent, 23, of Plumas Lake, Calif. pleaded guilty Thursday to computer fraud charges in connection with the scam, which ran between November 2007 and May 2008.

Largent's arrest was widely covered on the Internet last May, where it was likened to so-called Salami Slicing scams depicted in movies such as Superman III and Office Spaces.

According to prosecutors, Largent wrote a script that opened more than 58,000 online accounts at instructions such as E-trade and Schwab. He used fake names, including cartoon monikers such as Hank Hill and Rusty Shackelford to open these accounts and then profited when the brokerage firms would make tiny test deposits to make sure they were linked to his account.

Typically these deposits were between $0.01 and $2 but they added up. In total he made or tried to make more than $50,000 in the scam, the Department of Justice said.

Largent is also alleged to have received more than $8,000 in micro-deposits from Google, although he was not charged with this in his May 22 indictment.

He is set to be sentenced on Aug. 13 and faces up to five years in federal prison on two computer fraud charges, a U.S. department of Justice spokeswoman said Thursday.



Judge: Giuliani golf lawsuit slices off course
Court Feed News | 2009/05/21 10:16
A federal judge uses golf lingo and quotes from "Caddyshack" in his ruling that a lawsuit by ousted Duke University golfer Andrew Giuliani against the school landed out of bounds.


The opinion issued Tuesday by U.S. Magistrate Judge Wallace Dixon recommended dismissing the lawsuit against Duke. Dixon used phrases such as "this shot also lands in the drink" in the decision, which now goes to a District Court judge.

Giuliani's attorney said Wednesday he wants the case to move forward.

Giuliani is the son of former New York City Mayor Rudy Giuliani. His lawsuit claims that Duke's golf coach manufactured accusations against him to justify kicking him off the team.

A Duke spokesman said the opinion recognized there is no right to play on a team.



Court: Old maternity leave doesn't count
Court Feed News | 2009/05/20 10:46
Women who took maternity leave before Congress outlawed pregnancy discrimination could be stuck with lower retirement paychecks after the Supreme Court refused to let four women sue AT&T Corp. for higher pension payments.


The high court, in a 7-2 ruling issued Monday, overturned a lower-court decision that said decades-old maternity leaves should count in determining pensions.

The court's decision "forces women to pay a high price today because their employers discriminated yesterday," said Debra L. Ness, president of the National Partnership for Women and Families.

Four AT&T Corp. employees who took maternity leave between 1968 and 1976 sued the company to get their leave time credited toward their pensions. Their pregnancies occurred before the 1979 Pregnancy Discrimination Act, which barred companies from treating pregnancy leaves differently from other disability leaves.

AT&T lawyers said their pension plan was legal when the women took pregnancy leave, so they shouldn't have to recalculate their retirement benefits now. Congress did not make the Pregnancy Discrimination Act retroactive, they said, so the women should not get any extra money.



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