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Idaho inmates settle lawsuit over prison violence
Court Watch |
2011/09/21 23:52
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A potential class-action lawsuit against the nation's largest private prison company over allegations of violence at the Idaho Correctional Center has been settled in federal court.
The agreement between the inmates and Nashville, Tenn.-based Corrections Corporation of America was filed Tuesday in U.S. District Court in Boise.
In it, CCA doesn't acknowledge the allegations but agrees to increase staffing, investigate all assaults and make other sweeping changes at the lockup south of Boise. If the company fails to make the changes, the inmates can ask the courts to force CCA to comply.
The inmates, represented by the American Civil Liberties Union, sued last year on behalf of everyone incarcerated at the CCA-run state prison. They said the prison was so violent it was dubbed "Gladiator School," and that guards used inmate-on-inmate violence as a management tool and then denied prisoners medical care as a way to cover up the assaults.
CCA has denied all the allegations as part of the settlement, but the agreement is governed under a section of the Prison Litigation Reform Act which only applies in cases in which prisoners' constitutional rights have been violated. |
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Noted NJ attorney Michael Cole dies at 67
Attorney News |
2011/09/21 23:51
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Michael Cole, a noted lawyer who held several key state government positions during his long legal career, has died. He was 67.
Cole's death was announced Sunday by the Teaneck-based law firm of DeCotiis, Fitzpatrick & Cole, but further details were not disclosed. The Morris Township resident had been a partner with the firm for many years before recently retiring and was still serving as a counsel for them.
During his governmental career, Cole served as chief counsel to Gov. Tom Kean and also had been a first assistant Attorney General, where he handled matters ranging from school funding to gubernatorial powers to gaming regulation.
A graduate of Rutgers Law School, Cole was an attorney for more than 40 years. Among his survivors is his wife, state Supreme Court Justice Jaynee LaVecchia.
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Court sets aside class-action suit by Costco women
Court Watch |
2011/09/21 23:51
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Citing the U.S. Supreme Court's recent Walmart ruling, a federal appeals court set aside - but did not dismiss - a class-action suit by more than 700 women who accused discount retailer Costco of using an "old-boys' network" to bypass them for promotions.
A federal judge in San Francisco ruled in 2007 that the women had presented enough evidence of a "common culture" at Costco to proceed with a single nationwide suit against the company, rather than file individual claims.
The Ninth U.S. Circuit Court of Appeals overturned that decision Friday, relying in part on the Supreme Court's ruling in June dismissing a class action against Walmart by as many as 1.5 million female employees. The high court said the women had failed to show a company-wide policy that allegedly led to gender-based disparities in pay and promotions.
Likewise, the appeals court said, the Costco plaintiffs have not yet shown that they have enough in common to justify a class action.
The court said opposing expert witnesses disagreed about a central issue - whether the company promoted women less often than men in all regions or only a few - and said U.S. District Judge Marilyn Hall Patel should have resolved the dispute before letting the case proceed.
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SC attorney's bankruptcy case headed to court
Legal Business |
2011/09/20 23:51
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A bankruptcy trustees for an attorney well known for his television commercials and highway billboards will ask a court to convert the case to a straight liquidation, saying the lawyer is unlikely to be able to repay his creditors.
The Sun News of Myrtle Beach reported that trustee Robert Anderson says he'll ask a judge to convert the case of Harry Pavilack from a Chapter 11 reorganization to a Chapter 7 liquidation. A hearing is scheduled for Monday in Charleston.
Anderson says Pavilack will never be able to pay off the almost $73 million that he owes creditors. His case is one of the largest personal bankruptcies ever in Horry County. His debt is mostly related to real estate deals.
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Court halts Texas execution of ex-Army recruiter
Court Watch |
2011/09/20 23:51
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A former Army recruiter who for the third time this year was hours away from his scheduled execution for the rape-slaying of a woman in Fort Worth nearly 10 years ago was granted yet another reprieve by the U.S. Supreme Court on Tuesday.
Cleve Foster, 47, was set to die Tuesday evening in Huntsville.
The high court twice earlier this year stopped Foster's scheduled lethal injection. The latest court ruling came about 2½ hours before Foster could have been taken to the Texas death chamber.
Foster was meeting with one of his lawyers in a small holding cell a few feet from the death chamber when a Texas Department of Criminal Justice spokesman delivered the news.
"He thanked God and pointed to his attorney, saying this woman helped save his life," prison spokesman Jason Clark said.
He also said Foster repeated his insistence that he was innocent.
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