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Ariz. governor on deadline for immigration appeal
Court Watch |
2011/08/10 08:58
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Arizona Gov. Jan Brewer faces a Wednesday deadline for asking the U.S. Supreme Court to accept her appeal of a ruling that put on hold key parts of the state's immigration enforcement law.
The Republican governor lost her first attempt to throw out a district court's decision that blocks, among other portions of the law, a provision requiring police, while enforcing other laws, to question the immigration status of those they suspect are in the country illegally, when a three-judge panel of the 9th Circuit Court of Appeals rejected her motion in April.
Brewer vowed three months ago to take her argument before the nation's highest court, which has discretion on whether to hear her case.
The 9th Circuit said the federal government is likely to be able to prove the law is unconstitutional and likely to succeed in its argument that Congress has given the federal government sole authority to enforce immigration laws.
Brewer's lawyers have argued that the federal government hasn't effectively enforced immigration law and that the state's intent in passing its own regulations was to assist federal authorities, as Congress has encouraged.
They also have argued the district court judge erred by accepting speculation by the federal government that the law might burden legal immigrants and by concluding the federal government would likely prevail.
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Kansas lawyer gets nearly 4 years for Texas fraud
Attorney News |
2011/08/10 05:58
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A lawyer from Kansas has been sentenced to nearly four years in prison over a $2.3 million Ponzi scheme in Texas.
A federal judge in Beaumont on Tuesday sentenced 62-year-old Clifford R. Roth of Leawood, Kan. Roth pleaded guilty March 14 to interstate transportation of money taken by fraud. Roth also must repay more than 20 investors.
Investigators say Roth in 2007 began offering an investment opportunity to purchase a bank in Oklahoma and open a branch in Beaumont. Roth instead used the funds to pay his personal expenses and early investors.
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Pozen says Texas court upholds Treximet patents
Headline Legal News |
2011/08/09 09:24
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Drug developer Pozen Inc. said Monday that a Texas court upheld three patents supporting its migraine drug Treximet.
Pozen said the U.S. District Court for the Eastern District of Texas ruled that the patents were valid. The court also found that generic versions of Treximet developed by Par Pharmaceutical Co. and Dr. Reddy's Laboratories Ltd. infringed on all three patents, while a version developed by Alphapharm Pty Ltd. infringed on two patents. Teva Pharmaceutical Industries Ltd. had also challenged the patents, but was dismissed from Pozen's lawsuit in April 2010 after it agreed to abide by the court's decision.
The court said the Food and Drug Administration cannot approve the generics made by Dr. Reddy's and Par until Feb. 2, 2025, and that the agency can't approve the Alphapharm generic until Aug. 14, 2017.
Treximet is a combination of GlaxoSmithKline PLC's drug Imitrex and an anti-inflammatory drug developed by Pozen. GlaxoSmithKline markets the drug and pays royalties to Pozen. In the second quarter, those royalty payments accounted for $4 million of Pozen's $4.6 million in total revenue.
The FDA approved Treximet in April 2008 after years of delays, and Par filed for approval of its generic in October of that year.
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Bank of America starts overdraft rebate outreach
Headline Legal News |
2011/08/08 09:24
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If you had a Bank of America account with a debit card between January 2001 and May of this year, you may be due some cash.
The nation's largest bank has started contacting customers who may be entitled to a refund. It recently reached a class-action settlement over the way it charged overdraft fees. Most of the other suits are continuing to work their way through federal court in Florida.
Bank of America agreed to set up a $410 million fund to settle the lawsuit. The money will be used to pay back customers who were charged overdraft fees as a result of the company's policy of processing debit card transactions based on the size of the transaction, rather than when the purchases occurred.
The bank is one of about three dozen named in a series of class-action lawsuits over the practice of "reordering." A policy that became widespread in the 2000s, reordering involves deducting purchases from an account starting with the largest dollar amount first. That means a customer may end up paying additional overdraft fees.
For instance, someone with an account balance of $95 and who made three purchases in one day, the first for $5, the next for $25 and the last for $75, would be charged two overdraft fees, rather than one.
The suits claim that reordering was done to intentionally increase the number of overdraft fees collected. Banks took in about $39 billion in overdraft fees annually before the Federal Reserve put new rules in place last year. Now banks are required to obtain a customer's written permission before providing overdraft protection.
To inform customers that they may be eligible for a refund of some overdraft fees, Bank of America is sending postcards to customers with a brief explanation of the settlement and the address of a website where more information is available.
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Once-exonerated Conn. man ordered back to prison
Court Watch |
2011/08/07 09:25
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A month after the Connecticut Supreme Court reinstated murder convictions against two men who had been exonerated, a judge on Monday ordered one of them back to prison but allowed the other to remain free while fighting cancer.
George Gould was sent back to prison while Ronald Taylor, whose lawyer says he has terminal colon cancer, was allowed to remain out on bail. Both men await a new appeal trial connected to their murder convictions in the 1993 fatal shooting of New Haven grocery shop owner Eugenio Deleon Vega.
Gould and Taylor were both sentenced to 80 years in prison for the killing. They filed habeas corpus appeals, challenges to imprisonment that typically come after other appeals fail.
They were freed in April 2010 after 16 years behind bars when Superior Court Judge Stanley Fuger ruled they were victims of "manifest injustice" and declared them "actually innocent." Fuger's ruling came after a key prosecution witness recanted her trial testimony. He ordered both men released.
Prosecutors appealed to the state Supreme Court, which issued a unanimous decision last month saying that Fuger was wrong to overturn the convictions because Gould and Taylor hadn't proven their innocence. The high court ordered a new habeas corpus trial for the two men.
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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