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Judge OKs class-action settlement over Skechers
Headline Legal News | 2013/05/23 10:51
A federal judge approved a $40 million class-action settlement Monday between Skechers USA Inc. and consumers who bought toning shoes after ads made unfounded claims that the footwear would help people lose weight and strengthen muscles.

U.S. District Judge Thomas B. Russell in Louisville approved the deal, which covers more than 520,000 claims. About 1,000 people eligible for coverage by the settlement opted not to take part.

Those with approved claims will be able to get a maximum repayment for their purchase _ up to $80 per pair of Shape-Ups; $84 per pair of Resistance Runner shoes; up to $54 per pair of Podded Sole Shoes; and $40 per pair of Tone-Ups.

Russell also awarded $5 million for the attorneys in the case to split. Russell ordered that the money cannot come from the $40 million settlement fund set aside for consumers.

Two people that served as the lead plaintiffs in the case will receive payments of $2,500 each.

Russell considered multiple factors in deciding to approve the settlement and found it provides just compensation to the plaintiffs.


OJ bid for new trial starting in Las Vegas court
Headline Legal News | 2013/05/13 23:46
O.J. Simpson is back in a Las Vegas courtroom to ask for a new trial in the case that sent him to prison in 2008.

The former football hero and a new set of lawyers hope to convince a judge during a hearing that began Monday that trial lawyer Yale Galanter had conflicted interests and shouldn't have handled Simpson's armed case.

Simpson appeared in court wearing a blue jail uniform. His hair was short and grayer than it was during a previous court appearance in 2008.

He entered the courtroom in handcuffs, flanked by guards and nodded toward people he recognized in the second row.

Simpson is serving nine to 33 years in a Nevada prison. He's due to testify Wednesday.

Galanter is scheduled to testify Friday. He is declining comment before then.

Simpson says that Galanter knew ahead of time about his plan to retrieve what he thought were personal mementoes from two sports memorabilia dealers at a casino hotel room in September 2007.


NY top court OKs tax on online sellers like Amazon
Headline Legal News | 2013/04/02 12:31
New York's highest court ruled Thursday the state can collect sales tax from out-of-state retailers, rejecting claims by Amazon.com and Overstock.com that the tax law violates the U.S. Constitution's Commerce Clause.

The Court of Appeals said in a 4-1 ruling that the 2008 amendment meets the U.S. Supreme Court test that the sellers have "a substantial nexus" with the taxing state. Taxes apply when the online retailers generate at least $10,000 in annual sales to New Yorkers from in-state websites that earn commissions by bringing in potential customers through links to the big retailers.

Amazon.com, with corporate offices in Washington state, has an "Associates Program" where others put such links on their websites. Overstock.com, based in Utah, suspended its similar "Affiliates" program in New York after the state statute was enacted.

New York's sales tax is 4 percent and all its counties and New York City add an additional tax ranging from 3 percent to near 5 percent. Both apply to applicable Internet sales, according to the state Department of Taxation and Finance.


Lawyer seeks dismissal in Ohio HS player rape case
Headline Legal News | 2013/02/25 15:47
On the eve of their trial, the attorney for one of two Ohio high school football players charged with raping a girl after an alcohol-fueled party said Tuesday that moving forward with the case is "patently unfair and un-American" because important witnesses haven't been compelled to testify.

The attorney for Ma'Lik Richmond filed a motion Monday saying that further prosecution of Richmond violates his due process and equal protection rights and asks the judge or state to dismiss the case.

"You have case where it's clear — clear — that basic, fundamental, constitutional guarantees are not available to this child, my client, to put on a defense," Walter Madison told The Associated Press. "As such, it is patently unfair and un-American to continue knowing that that is not available."

Richmond, 16, and Trent Mays, 17, are scheduled to go on trial Wednesday in Jefferson County juvenile court in Steubenville on charges they attacked a 16-year-old West Virginia girl last August. Their attorneys have denied the charges.

But the attorneys for both teens said their clients will be denied a fair trial because of the availability of crucial witnesses. A West Virginia judge's ruled last week that three juvenile witnesses there could not be compelled to testify in the Ohio case.


Court continues order targeting voter intimidation
Headline Legal News | 2013/01/16 22:35
The Supreme Court has turned down an effort by the Republican National Committee to end a 30-year-old court order aimed at preventing intimidation of minority voters.

The justices did not comment Monday in rejecting an appeal of lower court decisions that left the order in place at least until 2017.

The order stems from a lawsuit filed by Democrats in New Jersey in 1981 that objected to a "ballot security" program the RNC ran in minority neighborhoods.

Republicans said the order hampers efforts to combat voter fraud, but U.S. District Judge Dickinson Debevoise said voter intimidation remains a threat and preventing it outweighs the potential danger of fraud.

The court action is unrelated to legal challenges to Republican-inspired voter identification laws in the 2012 campaign.


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