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Calif. high court upholds affirmative action ban
Headline Legal News |
2010/08/03 01:57
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California's high court on Monday upheld the state's 14-year-old law barring preferential treatment of women and minorities in public school admissions, government hiring and contracting. In a 6-1 ruling, the state Supreme Court rejected arguments from the city of San Francisco and Attorney General Jerry Brown that the law, known as Proposition 209, violates federal equality protections. Opponents of the ban say it creates barriers for minorities and women that don't exist for other groups, such as veterans seeking preference. The ruling written by Justice Kathryn Werdegar came in response to lawsuits filed by white contractors challenging San Francisco's affirmative action program, which was suspended in 2003. "As the court recognized, Proposition 209 is a civil rights measure that protects everyone, regardless of background," said Sharon Browne, a lawyer for the Pacific Legal Foundation, which represented the contractors. "Under Proposition 209, no one can be victimized by unfair government policies that discriminate or grant preferences based on sex or skin color." If San Francisco wants to resurrect the program, the Supreme Court said it must show compelling evidence the city "purposefully or intentionally discriminated against" minority and women contractors and that such a law was the only way to fix the problem.
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2 re-sentencings ordered in $1.9B Ohio fraud case
Legal Business |
2010/07/29 09:07
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A federal appeals court on Wednesday ordered new sentences for two former National Century executives convicted in a $1.9 billion corporate fraud case once likened to the Enron scandal, saying the government had proved some but not all of its case. A three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati overturned Donald Ayers' conviction of conspiracy to commit money laundering, and Roger Faulkenberry's conviction of money laundering and conspiracy to commit money laundering, saying the government didn't provide enough proof. Remaining in place are Ayers' convictions of conspiracy to defraud the U.S. and securities fraud, and Faulkenberry's convictions of conspiracy to defraud the U.S., securities fraud and wire fraud. Ayers, 74, is serving 15 years in Coleman federal prison in Florida after his 2008 conviction with Faulkenberry and four other top executives from National Century Financial Enterprises, a Columbus health care financing company. Federal prosecutors compared the case to Enron. Faulkenberry, 49, is serving 10 years in Gilmer federal prison in West Virginia after his 2008 conviction. |
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BP spill cases head to court as Shell counts cost
Headline Legal News |
2010/07/29 08:57
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The tide of lawsuits unleashed by BP's oil spill in the Gulf of Mexico breaks into an Idaho courtroom on Thursday, just as the company's rivals are counting the cost of a ban on offshore drilling. Attorneys hoping to lead the legal fight against BP are set to descend on Boise, Idaho, to address a special judicial panel considering how to bring order to the hundreds of civil lawsuits spawned by the spill after a rig explosion on April 20. "There will be more lawyers in that courtroom than exist in the entire city of Boise put together," Mark Lanier, a Houston-based lawyer who plans to attend the hearing, joked this week. "It's going to be a circus." Seven U.S. federal judges will convene more than 2,000 miles from the Gulf's oil-smudged shores to consider which U.S. court, or courts, should oversee hundreds of spill-related suits by injured rig workers, fishermen, investors and property owners. Potentially adding its name to the line of claimants, Royal Dutch Shell Plc idled seven rigs and took a $56 million charge related to the drilling ban on Thursday. Saying the ban would reduce its production by almost 3 million barrels this year, the company did not rule out reclaiming the cash from BP. Shell, one of the biggest oil producers in the Gulf of Mexico, said it had idled rigs rather than move them elsewhere because the ban's six-month duration meant it was not profitable to redeploy them to other areas. |
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Family of victims sues over Marine jet crash in SD
Topics in Legal News |
2010/07/29 08:56
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The family of four people killed in the crash of a Marine Corps jet in a San Diego County neighborhood two years ago sued the federal government and Boeing Wednesday. The lawsuit was filed in U.S. District Court by Dong Yun Yoon, whose wife, two daughters and mother-in-law were killed in the December 2008 crash that incinerated two homes and damaged others in University City. The suit accuses the military and Boeing, the aircraft's maker, of negligence and seeks unspecified damages. The military disciplined 13 members of the Marines and Navy after the crash, which was blamed on mechanical problems and a string of bad decisions that led the pilot to bypass a potentially safe landing at Naval Air Station North Island in Coronado. The suit claims the F-18 Hornet had "a history of warnings and system failures" related to its fuel system and never should have been cleared for takeoff. Calls to Boeing after hours Wednesday were not immediately returned. Court documents accuse the Marine Corps of making decisions "in violation of written military standards, which if complied with would have avoided the tragic ending." Four members of a Korean family were killed in their home — Young Mi Yoon, 36; her daughters Grace, 15 months, and Rachel, 2 months; and her mother Suk Im Kim, 60. Kim was visiting from South Korea to help her daughter move across town and adjust to the arrival of her second child. The pilot, Lt. Dan Neubauer, described in a statement to investigators how he struggled to control the malfunctioning jet in the minutes before the crash. The pilot was on a training flight from the aircraft carrier USS Abraham Lincoln when he was forced to shut down one engine because of mechanical trouble. The hobbled jet was told to bypass a coastal Navy base that offered an approach over water and to instead fly inland over San Diego to Marine Corps Air Station Miramar. |
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Jury finds south Texas man guilty of beheadings
Court News |
2010/07/27 09:06
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A South Texas man accused of beheading his common-law wife's three children was found guilty of capital murder Monday at his second trial. A state appeals court had overturned John Allen Rubio's previous conviction and death sentence in 2007, saying the children's mother had wrongly been allowed to testify. A second jury deliberated for about three hours before convicting him again. Rubio, 29, of Brownsville, had pleaded not guilty by reason of insanity, and his defense attorneys had argued that the sheer brutality of the crime showed he was not in his right mind. Defense attorney Nat Perez described it during his closing argument as "overkill." Evidence showed Rubio made increasingly ferocious attempts to kill the children, strangling and stabbing them, then finally cutting off their heads. Rubio initially said he killed the children, all under age 4, because they were possessed. Police discovered the bodies of 3-year-old Julissa Quesada, 14-month-old John E. Rubio and 2-month-old Mary Jane Rubio on March 11, 2003, in a squalid Brownsville apartment. Rubio was convicted on four counts of capital murder. Each death was covered by one count, and the fourth count included all of them. The trial will now move to a punishment phase, in which prosecutors plan to again seek the death penalty. During closing arguments given before a packed courtroom earlier Monday, both sides showed enlarged photographs of the children from happier times. Cameron County District Attorney Armando Villalobos got the last word and accentuated it by showing a photograph of a headless child and making a chopping motion on the floor with a cleaver. |
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