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NM court to hear case over educator pension cuts
Court News |
2013/09/04 22:15
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New Mexico's highest court is mulling whether the state can cut cost-of-living increases for retired educators to help shore up the pension system's long-term finances.
The state Supreme Court is to hear from lawyers on Wednesday in a case brought by four retirees, who say the state Constitution protects their pensions from reductions like those required under a law enacted earlier this year.
The retirees contend the law gives them a "vested property right" in their retirement benefits and they are legally entitled to the cost-of-living adjustments previously promised, which would have been 2 percent this year without the change in law.
The attorney general's office and the Educational Retirement Board, in written arguments to the court, said the Constitution includes a provision that allows pensions to be modified to preserve the solvency of a retirement plan.
However, the retirees said in their lawsuit that provision only applies to retirement benefits before an employee works long enough to become vested in a pension system.
The Democratic-controlled Legislature and Republican Gov. Susana Martinez agreed on a package of pension changes this year to improve the solvency of the educational retirement program, which has a $6 billion gap between its assets and the benefits expected to be paid out in the future.
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Calif. asks Supreme Court to halt inmate releases
Court News |
2013/08/12 15:14
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Against growing odds, Gov. Jerry Brown formally asked the U.S. Supreme Court late Friday to intervene once again in California's yearslong battle with federal judges over control of the state's prison system.
The Democratic governor filed his formal appeal asking the justices to overturn a lower court decision requiring the state to reduce its prison population by nearly 10,000 inmates by the end of the year to improve conditions.
The appeal came the same day as the U.S. Justice Department indicated that it may intervene in an ongoing lawsuit over California's treatment of inmates with severe mental illness, and as a lower federal court dumped cold water on the administration's plan to transfer more inmates to private prisons in other states.
Brown filed the appeal just a week after the Supreme Court soundly rejected the state's request to postpone the lower court's requirement that California reduce what once was the nation's largest correctional system to hold no more than 110,000 inmates in its major prisons. |
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Federal court officials fear budget cuts
Court News |
2013/08/06 09:25
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Federal courts officials in Minnesota say they're worried automatic spending cuts will jeopardize the justice system's smooth operation, with layoffs likely in both the U.S. attorney and public defender's offices.
The cuts are part of what's known as the budget sequester, and they're due to take effect Oct. 1 barring a deal in Congress.
The national public defenders service is facing a 23 percent cut, and Minnesota's federal defender, Katherian Roe, said she will likely have to reduce her staff from 18 people to 10.
Jeanne Cooney, a spokeswoman for the U.S. Attorney's Office for Minnesota, said her office will see cuts in personnel and operations but the extent isn't clear yet. The office has already been under a hiring and salary freeze.
"All indications are that all U.S. Attorney offices will be faced with huge cuts in order to get to the budget levels ordered per sequestration," Cooney said.
Each office's cuts will be determined by the Executive Office for United States Attorneys, part of the Justice Department in Washington.
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US court: Pa. school can't ban 'boobies' bracelets
Court News |
2013/08/05 09:25
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A federal appeals court ruled Monday that a Pennsylvania school district cannot ban "I (heart) Boobies!" bracelets, rejecting the district's claim that the slogan _ designed to promote breast cancer awareness among young people _ is lewd.
The 3rd U.S. Circuit Court of Appeals also concluded that school officials didn't prove the bracelets were disruptive.
"Because the bracelets here are not plainly lewd and because they comment on a social issue, they may not be categorically banned," Judge D. Brooks Smith wrote in the 9-5 decision.
The ruling is a victory for two Easton Area School District girls who challenged the school rule in 2010 with help from the American Civil Liberties Union. Easton is one of several school districts around the country to ban the bracelets, which are distributed by the nonprofit Keep A Breast Foundation of Carlsbad, Calif.
ACLU lawyer Mary Catherine Roper said the ruling supports the rights of students to discuss important topics. |
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Court asked to safeguard NM mental health audit
Court News |
2013/07/26 10:48
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The attorney general's office says an agreement has been reached for State Auditor Hector Balderas to have access to an audit that identified potential overbillings and fraud by behavioral health providers.
Chief Deputy Attorney General Al Lama said Thursday a state district judge in Santa Fe has been asked to issue an order making clear the audit report will be protected from public disclosure once it's provided to Balderas.
The auditor and Human Services Department support the request.
Balderas said his office needs the information in auditing the department's finances. He obtained a subpoena to try to force the department to provide him with the audit done for the agency.
Lama said public disclosure of the audit could jeopardize the attorney general's investigation of allegations against the behavioral health providers. |
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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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