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SD Supreme Court upholds school funding system
Court Watch |
2011/09/01 09:46
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The South Dakota Supreme Court on Thursday upheld the constitutionality of the state's system for funding school districts, rejecting the schools' arguments that the current arrangement does not provide enough money to assure students of an adequate education.
In a unanimous ruling, the high court said a lawsuit supported by about two-thirds of the state's school districts raises serious questions about the funding system and shows that some districts struggle to provide adequate facilities and qualified teachers.
"Even so, reasonable doubt exists that the statutory funding mechanisms or level of funding are unconstitutional," Justice Judith Meierhenry wrote for the court.
The 41-page main decision upholds a ruling by Circuit Judge Lori Wilbur of Pierre, who ruled in 2009 that the school funding system is constitutional because it provides students with an adequate education that prepares them for life after high school. Wilbur has since been appointed to the Supreme Court, but did not take part in Thursday's ruling. |
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Appeals Court upholds sanctions against doctor
Legal Business |
2011/09/01 09:46
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An appeals court has upheld sanctions against a former University of Wisconsin Hospital doctor who was accused of fondling female patients.
The 4th District Court of Appeals said in its decision Thursday that the state Medical Examining Board properly sanctioned Dr. Frank Salvi in 2009. He was suspended for 90 days and required to undergo a mental evaluation and five years of supervision.
Salvi denied charges made by four female patients that accused him of fondling them in 2004 and 2005.
A Dane County judge ruled last year that the state medical board improperly sanctioned Salvi, but the board appealed. The Appeals Court reversed that decision, saying the board properly disciplined Salvi.
Salvi's attorney Lester Pines had not seen the decision and had no immediate comment.
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2 law firms in Louisiana and Mississippi to merge
Topics in Legal News |
2011/08/31 08:46
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A New Orleans-based law firm is expanding into Mississippi as it merges with a firm based in Jackson.
The New Orleans firm is Jones, Walker, Waechter, Poitevent, Carrere & Denegre L.L.P.
It is combining with Watkins Ludlam Winter & Stennis, P.A., a firm that includes former Mississippi Gov. William Winter.
The firms say in a news release Tuesday that the merger should be complete by Jan. 1, and the combined firm will have 375 attorneys.
It will go by the current name of the New Orleans firm, Jones Walker.
After the merger is complete, Jones Walker will have 15 offices in Louisiana, Alabama, Arizona, Florida, Mississippi, Texas and the District of Columbia.
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A Court Cannot Exclude Evidence Because It Is Self-Serving
Court Watch |
2011/08/31 08:46
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In Reed v. City of Evansville, _ N.E.2d _ (Ind. Ct. App. 2011), Cause No. 82A05-1012-PL-768, Evansville sought to have some of the evidence the Reeds submitted in opposition to the City's motion for summary judgment because it was "self-serving." Today, the Court of Appeals clearly stated that parties should not make this same objection in the future.
The Reeds filed a claim against Evansville and Evansville moved for summary judgment, arguing that the notice was not timely under the Tort Claims Act. The trial court granted that motion and the Reeds appealed.
On appeal, the Court held that the trial court erred when granting summary judgment to the City, because there were genuine issues of material fact. The court then addressed the City's cross-appeal, which challenged the trial court's denial of the City's motion to strike some of the Reeds' evidence. The City moved to strike some of that evidence because it was "self-serving." The Court had none of it.
http://www.indianalawupdate.com/entry/A-Court-Cannot-Exclude-Evidence-Because-It-Is-Self-Serving
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Court approves Harry and David reorganization plan
Topics in Legal News |
2011/08/30 09:31
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Harry & David will emerge from bankruptcy protection in the middle of September, the specialty foods company said Tuesday, after its plan for reorganization was approved in court.
The emergence will likely occur on or around Sept. 13, giving the company plenty of time to ramp up for the crucial holiday season.
Kay Hong, the interim CEO who is heading the restructuring, said that Harry and David is returning as a stronger company that is better positioned for long-term profitable growth. The restructuring plan was approved by the United States Bankruptcy Court for the District of Delaware
With consumer priorities reshuffled during the recession, the demand fruit basket and gourmet gifts evaporated. Harry & David entered Chapter 11 bankruptcy protection in March.
Hong said the company looks forward to the holiday season with strong lineup of new products and plans "to deliver a terrific gift experience and unparalleled customer service as Harry & David has done for generations."
Harry & David Holdings Inc., based in Medford, Ore., sells under the Harry & David, Wolferman's and Cushman's brands online and in stores.
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