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Court-martial wrap up in Iraq contractor's death
Legal Career News |
2011/09/30 17:12
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A court-martial was expected to wrap up Friday for a U.S. soldier accused of killing a civilian contractor in Iraq, and a military judge will then decide whether Pfc. Carl T. Stovall was mentally competent when prosecutors say he shot the Hungarian laborer to death.
Stovall has pleaded not guilty in the March 2009 shooting of Tibor Bogdan near Camp Taji, just north of Baghdad. The shooting came less than a month into Stovall's third deployment to the Middle East.
Bogdan was shot while digging a hole at the camp. Stovall had allegedly once told investigators he believed Bogdan, who worked for a contractor specializing in trash and waste removal, was a terrorist planting a roadside bomb. Prosecutors, however, say Stovall, now 28, has changed his story multiple times, allegedly denying any involvement in one version. |
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Obama appeals health care setback to high court
Legal Career News |
2011/09/29 17:35
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Raising prospects for a major election-year ruling, the Obama administration launched its Supreme Court defense of its landmark health care overhaul Wednesday, appealing what it called a "fundamentally flawed" appeals court decision that declared the law's central provision unconstitutional.
Destined from the start for a high court showdown, the health care law affecting virtually every American seems sure to figure prominently in President Barack Obama's campaign for re-election next year. Republican contenders are already assailing it in virtually every debate and speech.
The administration formally appealed a ruling by the federal appeals court in Atlanta that struck down the law's core requirement that individuals buy health insurance or pay a penalty beginning in 2014.
At the same time, however, the winners in that appellate case, 26 states and the National Federation of Independent Business, also asked for high court review Wednesday, saying the entire law, and not just the individual insurance mandate, should be struck down. |
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Ex-workers at Fla. foreclose firm get class action
Legal Career News |
2011/09/28 17:32
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Hundreds of former employees at a shuttered South Florida foreclosure law firm have been permitted by a judge to pursue a class action lawsuit involving labor law violations.
A Miami federal judge this week approved class action status for the case against attorney David J. Stern. Stern's firm was one of the biggest handling foreclosures in Florida, but it collapsed amid investigations into so-called "robo-signing" of documents and other alleged irregularities.
Hundreds of Stern's employees were laid off. The lawsuit contends the firm did not follow federal labor laws when it began mass firings.
The case involves at least 700 of Stern's former workers. They are seeking back pay, benefit reimbursements and other damages.
Stern's lawyers say the layoffs were done properly because of unforeseen circumstances. |
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High court to decide lawyer immunity question
Legal Career News |
2011/09/27 15:42
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The Supreme Court will decide whether private lawyers hired as outside counsels for governments can be sued.
The high court on Tuesday agreed to hear lawyer Steve Filarsky's appeal. He was hired by the city of Rialto, Calif., to investigate the possible misuse of sick leave.
Nicholas B. Delia, a firefighter suspected of working on his house while on sick leave, sued Filarsky after the investigation. Delia had said he had bought material to work on his house but never opened it. The fire chief then ordered Delia to bring the unopened material out of his house for inspection or face disciplinary action.
Delia said that order was an unconstitutional warrantless search and sued the city, the fire department and Filarsky.
A federal judge threw it all of Delia's lawsuits out, including the one against Filarsky. The judge ruled that Filarsky had the same immunity as the city's employees.
But the 9th U.S. Circuit Court of Appeals disagreed, saying its rulings had never extended to a nongovernment worker the same immunity government workers enjoy. A separate appeals court — the 6th U.S. Circuit Court of Appeals — has extended immunity to nongovernment employees. |
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Lawyers seek to stop Loughner's forced medication
Legal Career News |
2011/09/26 13:19
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Lawyers for the Tucson shooting rampage suspect asked a federal court again Friday to stop his forced medication at a medical facility in a Missouri prison.
Jared Lee Loughner's lead attorney, Judy Clarke, wrote in an emergency motion that the ongoing forced medication of her client is unlawful. She said Loughner will suffer "irreparable harm" unless the prison is ordered to cease giving him a daily "four-drug cocktail," or at least start tapering him off it.
Loughner, 23, has been at the Springfield, Mo., facility since May 27 after he was found to be mentally unfit to stand trial. Experts have concluded he suffers from schizophrenia and are trying to restore his competency.
Loughner has pleaded not guilty to 49 charges stemming from the Jan. 8 shooting at a political event outside a northwest Tucson supermarket. The rampage left six people dead and 13 wounded, including Rep. Gabrielle Giffords, who is still recovering.
Prison officials have forcibly medicated Loughner with psychotropic drugs after concluding he posed a danger at the facility. Federal prosecutors have previously argued Loughner should remain medicated because his mental and physical condition has been rapidly deteriorating.
Clarke said Loughner "has an exceptionally strong interest in not being executed." But she noted it is "no secret" that the government may seek the death penalty if the case is eventually tried. |
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Appeals court in Va. tosses 2 Abu Ghraib lawsuits
Legal Career News |
2011/09/22 11:34
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A federal appeals court in Virginia has dismissed two lawsuits by former Iraqi detainees who claimed they were tortured at the Abu Ghraib prison.
A divided three-judge panel of the 4th U.S. Circuit Court of Appeals agreed Wednesday with two contractors who claimed immunity because they were doing the government's work in providing interrogators and translators to the U.S.-run prison near Baghdad.
In one of the cases, four Iraqis claimed they were abused by interrogators employed by CACI International Inc. The other lawsuit was filed by 72 Iraqis against L-3 Services, which provided translators at Abu Ghraib and other prisons.
The appeals court's ruling reversed decisions by federal judges in Alexandria, Va., and Greenbelt, Md., who had rejected the contractors' immunity claims. |
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