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Court to consider when second mortgage can be void
Court Watch |
2014/11/17 15:43
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The Supreme Court will decide whether homeowners who declare bankruptcy can void a second mortgage if the home's market value has dropped below the amount they owe on their first mortgage.
The justices said Monday they will consider two appeals from Bank of America Corp., which asserts that bankrupt homeowners should not be able to "strip off" a second loan even if they are underwater on primary loans.
In both appeals, bankruptcy courts allowed Florida homeowners to nullify second loans held by Bank of America. The Atlanta-based 11th U.S. Circuit Court of Appeals affirmed, but Bank of America says the rulings conflict with other appeals courts and Supreme Court precedent.
Hundreds of homeowners have moved to void underwater second mortgages since the 11th Circuit endorsed the practice two years ago. |
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Case of American jailed in Cuba back in US court
Court Watch |
2014/09/22 16:28
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An attorney for a Maryland man who has spent over four years jailed in Cuba argued before a federal appeals court that his client should be allowed to sue the U.S. government over his imprisonment.
An attorney for Alan Gross, who was a government subcontractor when he was detained in Cuba in 2009, appeared Friday before a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit.
A lower court judge dismissed Gross' lawsuit against the government in 2013, but Gross' lawyers appealed.
Gross was arrested while setting up Internet in Cuba as part of a project for the government's U.S. Agency for International Development. Cuba considers USAID's programs illegal attempts by the U.S. to undermine its government and Gross was given a 15-year prison sentence. |
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Italy court reopens probe into death of Pantani
Court Watch |
2014/08/05 15:52
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Italian prosecutors have reopened an investigation into the death of cyclist Marco Pantani after his family presented evidence contending the former Tour de France winner was murdered.
Pantani, who won both the Giro d'Italia and Tour de France in 1998, was found dead in a Rimini hotel room on Feb. 14, 2004. A coroner ruled the 34-year-old Italian died from a cocaine overdose.
The cyclist's mother, Tonina Pantani, has always claimed her son was murdered, alleging that he was forced to drink a lethal dose of cocaine dissolved in liquid.
"It's an important day, but with a bittersweet taste," Tonina said. "On one side I'm glad, after many years, finally I'm not shouting into the wind anymore. But inside me there's also anger, anger and more anger.
"Why did it take all this time? Why were several things not in their place in 2004 and nobody did anything to give me answers? I'm tired."
Rimini's chief prosecutor, Paolo Giovagnoli, confirmed Pantani's file has been reopened but said it is an "obligatory move" in such matters. He has handed the case to a colleague, Elisa Milocco, who will study the dossier of evidence presented by Pantani's family before returning from holiday in September. |
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EU court nixes government bulk data collection
Court Watch |
2014/04/08 11:10
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The European Union's top court says key legislation allowing governments to collect data on citizens' communications for law-enforcement purposes is invalid.
The European Court of Justice in Luxembourg on Tuesday ruled the so-called data retention directive is too far-reaching and offers too few safeguards to protect people's right to privacy, creating an impression that "private lives are the subject of constant surveillance."
The legislation allows the storage of phone calls or online communication records for at least six months to help prevent serious crimes such as terrorism. The data typically reveal who was involved in the communication, when and how often, but not its content.
The court says the 2006 legislation represents a "particularly serious interference with fundamental rights." |
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Man pleads guilty to stealing from farmers market
Court Watch |
2014/03/17 14:28
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Prosecutors say a former Glendale city councilman has pleaded guilty to stealing nearly $305,000 from a farmers market.
The Los Angeles County district attorney's office says 55-year-old John Drayman entered a plea Wednesday to felony charges of embezzlement, filing a false tax return and perjury.
While serving as the director of the Montrose farmers market, Drayman was accused of collecting proceeds from the weekly event and skimming thousands of dollars before turning the money over to the market's treasurer.
Drayman was indicted in 2012 on 28 counts dating from 2004 to 2011. The remaining 25 counts will be dismissed when he is sentenced April 7.
He is expected to be sentenced to a year in jail and ordered to pay $304,853 in restitution and $14,016 to the state tax board. |
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