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Court: Lawsuit over Arkansas killing by cop may proceed
Legal Interview | 2015/08/05 23:57
A federal appeals court said Thursday the family of a 67-year-old man shot to death after two off-duty police officers entered his Little Rock apartment without a warrant or an invitation can move forward with a lawsuit.

Eugene Ellison died Dec. 9, 2010. His family alleges Officer Donna Lesher and Detective Tabitha McCrillis, working as private security guards, unlawfully entered his home and that Lesher improperly used deadly force following an argument and scuffle.

Prosecutors declined to press charges, saying the officers' attempts to use non-lethal means to subdue Ellison had failed. The women remain on the force.

Thursday's decision by the 8th U.S. Circuit Court of Appeals in St. Louis did not address the merits of the case, only whether the officers could be sued along with the apartment complex that hired them. The three-judge panel said that, at this stage, courts were obligated to consider the case only from the Ellison family's perspective.

The officers have said they noticed through an open door that Ellison's apartment was in disarray and that when they asked if he was OK, Ellison responded with an ambiguous "What does it look like?"

"The apartment was very disheveled. ... The glass-topped coffee table was shattered in an area in front of Mr. Ellison," said Bill Mann, a deputy city attorney for Little Rock. "The manner in which Mr. Ellison spoke led them to be suspicious and wonder if he really was OK."



Brady lawsuit transferred from Minnesota to New York court
Court Watch | 2015/08/03 15:32
Tom Brady's lawsuit against the NFL in which he wants his four-game suspension overturned will be heard in New York instead of Minnesota.

Brady and the players' union filed their suit Wednesday in Minnesota. But the NFL already had filed papers Tuesday in New York, moments after announcing that Commissioner Roger Goodell upheld the suspension for Brady's involvement in the use of underinflated footballs in the AFC championship game.

U.S. District Judge Richard Kyle, based in Minnesota, ordered the transfer.

The judge wrote that he "sees little reason for this action to have been commenced in Minnesota at all."

He noted that Brady plays in Massachusetts, the union is headquartered in Washington and the NFL in New York, Kyle added that "the arbitration proceedings took place in New York and the award was issued in New York." Jeffrey Kessler, the lead attorney for Brady and the union, wasn't concerned about this game of musical witness chairs.



UK jury says trader guilty of manipulating key interest rate
Court News | 2015/08/03 15:31
A British jury has found a former Citibank and UBS trader guilty of being the ringmaster in the manipulation of a key interest rate, the London Interbank Lending Rate, or Libor.

The jury on Monday found 35-year-old Tom Hayes, who specialized in products pegged to yen-denominated Libor, guilty of manipulating the rate from 2006 to 2010. He was charged with conspiring with other traders — but he says he was made a scapegoat for a common practice.

Libor is a key rate that banks use to borrow from each other. Revelations that it was rigged shook the markets because the rate affects what people pay when they take out loans, such as a car loan.

Hayes is the first to be convicted by a U.K. jury of Libor rigging.




Federal report finds bias in St. Louis County family court
Court News | 2015/08/01 13:19
The U.S. Department of Justice released a report critical of the St. Louis County Family Court on Friday, finding that black youths are treated more harshly than whites, and juveniles are often deprived of constitutional rights. Though unrelated to the department's investigation in Ferguson, the new report again raises concern about racial discrimination and profiling in the St. Louis region.

The investigation from the Justice Department's Civil Rights Division was initiated in 2013 amid complaints that black youths were treated unfairly in the family court, which handles about 6,000 youth cases each year. Treatment of African-Americans in the region drew increased scrutiny last year after the fatal shooting of 18-year-old Michael Brown, who was black, by a white police officer in Ferguson. The 60-page report arrived just over a week before the anniversary of Brown's death, Aug. 9.

"In short, black children are subjected to harsher treatment because of their race," Assistant Attorney General Vanita Gupta wrote in a letter to Gov. Jay Nixon, St. Louis County Executive Steve Stenger and Family Court Administrative Judge Thea Sherry. She called the findings "serious and compelling."

Nixon called the report "deeply concerning." Though in St. Louis County, the court is supervised by the Missouri Supreme Court. "All Missourians have a right to a fair and equitable justice system, and our young people are no exception," Nixon said in a statement.

Stenger said he will urge the court "to work with the state of Missouri to fix the glaring problems identified by the Department of Justice."

The report said the Justice Department will seek to resolve complaints through negotiations, though litigation remains possible. Gupta said at a news conference that an initial meeting with family court officials was "cordial and cooperative."

The department is taking a similar tack as after a report released in March alleging racial bias and profiling by police and the municipal court in Ferguson. That report was begun following Brown's death, and negotiations between the DOJ and Ferguson officials are still going on.



Appeals court: Kansas abortion opponent must stand trial
Court Watch | 2015/07/29 12:41
A Kansas abortion opponent must stand trial over a letter she sent to a Wichita doctor saying someone might place an explosive under the doctor's car, a federal appeals court ruled Tuesday.
 
The 10th U.S. Circuit Court of Appeals overturned late Tuesday a lower court's summary decision that anti-abortion activist Angel Dillard's letter was constitutionally protected speech. The ruling comes in a civil lawsuit brought against Dillard by the Justice Department under a federal law aimed at protecting access to abortion services. A split three-judge appeals panel said the decision about whether the letter constituted a "true threat" should be left for a jury to decide.

The appeals court also rejected Dillard's argument that the government violated her free speech rights by suing her.

Emails were sent late Tuesday night to Dillard's attorney and a Justice Department spokesman seeking comment.

The Justice Department's Civil Rights Division sued Dillard in 2011 under the Freedom of Access to Clinic Entrances Act after the Valley Center woman wrote a letter to Dr. Mila Means, who was training to offer abortion services at her Wichita clinic. At the time, no doctor was doing abortions in Wichita in the wake of Dr. George Tiller's 2009 murder by an abortion opponent as Tiller ushered at his church.

In a 2-1 ruling, the appeals panel said a jury could reasonably find that the letter conveyed a true threat of violence.

"The context in this case includes Wichita's past history of violence against abortion providers, the culmination of this violence in Dr. Tiller's murder less than two years before Defendant mailed her letter, Defendant's publicized friendship with Dr. Tiller's killer, and her reported admiration of his convictions," the appeals court wrote in its decision.

Dillard wrote in her 2011 letter that thousands of people from across the nation were scrutinizing Means' background and would know her "habits and routines."

"They know where you shop, who your friends are, what you drive, where you live," the letter said. "You will be checking under your car every day — because maybe today is the day someone places an explosive under it."

Means has testified that her fears upon getting that letter were heightened after reading a news story by The Associated Press that quoted Dillard saying in a July 2009 interview that she had developed a friendship with Scott Roeder while he was in jail awaiting trial for Tiller's murder.




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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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