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Court sets aside class-action suit by Costco women
Court Watch | 2011/09/21 23:51
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.


SC attorney's bankruptcy case headed to court
Legal Business | 2011/09/20 23:51
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.




Court halts Texas execution of ex-Army recruiter
Court Watch | 2011/09/20 23:51
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.




Pa high court to meet in historic chamber
Topics in Legal News | 2011/09/19 23:50
Trial in a class-action lawsuit alleging racial discrimination against blacks is set to begin in a Polk County District courtroom.

Earlier this month, a judge rejected the state's request to throw out the lawsuit against the state.

Judge Robert Blink disagreed with the state's argument that the case was too broad be legally viable. He said the state agreed years ago to certify the case for class action.

The trial is expected to last three weeks.

The lawsuit was filed in 2007 by 14 people who claim they were denied state positions because they are black. It's grown to cover an estimated 6,000 blacks who sought employment or promotions with the state since 2003.



Appeals court upholds sentence in Ponzi scheme
Court Watch | 2011/09/19 23:50
A federal appeals court has upheld the 30-year prison sentence for a man convicted of operating what prosecutors called the largest Ponzi scheme in Louisiana's history.

In a 15-page opinion issued Friday, the 5th U.S. Circuit Court of Appeals affirmed the sentence for Matthew Pizzolato, of Tickfaw.

Pizzolato also was ordered to make over $15 million in restitution to the 165 victims he defrauded. He had offices in Baton Rouge, Covington, Hammond and Lake Charles and advertised investment services under several company names, including Gulf Region Guaranty Inc.

Prosecutors said he promised high rates of return and claimed investors' money was protected against losses, but made risky investments they didn't authorize, gave away millions to friends and family and spent much of the money on luxury items for himself.





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